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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Notices
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be subjects for formal
action during these meetings. Actions
will be restricted to those issues
specifically identified in this notice, and
any issues arising after publication of
this notice that require emergency
action under section 305(c) of the
Magnuson-Stevens Fishery
Conservation and Management Act,
provided that the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
For more information or request for sign
language interpretation and/other
auxiliary aids, please contact Mr.
´
Miguel A. Rolon, Executive Director,
Caribbean Fishery Management Council,
˜
270 Munoz Rivera Avenue, Suite 401,
San Juan, Puerto Rico, 00918, telephone
(787) 766–5926, at least 5 days prior to
the meeting date.
Dated: November 13, 2013.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–27489 Filed 11–15–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC862
Marine Mammals; File No. 18171
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that a
permit has been issued to Wessley
Merten, Marine Sciences Department,
¨
University of Puerto Rico, Mayaguez
¨
Campus, PO Box 9000, Mayaguez, PR
00682, to conduct commercial or
educational photography of bottlenose
dolphins (Tursiops truncatus), spinner
dolphins (Stenella longirostris), striped
dolphins (Stenella coeruleoalba), false
killer whales (Pseudorca crassidens),
and killer whales (Orcinus orca) in
waters off Puerto Rico.
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following offices:
Permits and Conservation Division,
Office of Protected Resources, NMFS,
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SUMMARY:
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1315 East-West Highway, Room
13705, Silver Spring, MD 20910;
phone (301) 427–8401; fax (301) 713–
0376; and
Southeast Region, NMFS, 263 13th
Avenue South, Saint Petersburg, FL
33701; phone (727) 824–5312; fax
(727) 824–5309.
FOR FURTHER INFORMATION CONTACT:
Rosa
´
L. Gonzalez or Carrie Hubard, (301)
427–8401.
On
September 12, 2013, notice was
published in the Federal Register (78
FR 56218) that a request for a permit to
conduct commercial or educational
photography had been submitted by the
above-named applicant. The requested
permit has been issued under the
authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), and the regulations
governing the taking and importing of
marine mammals (50 CFR part 216).
Permit No. 18171 authorizes
commercial/educational underwater
and vessel-based filming and
photography of marine mammals in
waters off Puerto Rico. Footage will be
used in two documentaries, one focused
on offshore sport fishing in Puerto Rico
and another one focused on Puerto
Rico’s marine mammal and marine
mammal program (i.e., Department of
Natural and Environmental Resources
Marine Mammal Rescue Program). The
first documentary will be presented at a
film festival in Puerto Rico and
distributed to schools and the public
throughout Puerto Rico. A maximum of
210 bottlenose, 210 spinner, and 210
striped dolphins, 60 false killer and 60
killer whales, could be approached and
filmed annually. Filming may occur
year-round. The permit is valid through
November 7, 2015.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
SUPPLEMENTARY INFORMATION:
Dated: November 13, 2013.
P. Michael Payne,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2013–27516 Filed 11–15–13; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC228
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Operation,
Maintenance, and Repair of the
Northeast Gateway Liquefied Natural
Gas Port and the Algonquin Pipeline
Lateral Facilities in Massachusetts Bay
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
NMFS has received an
application from Tetra Tech EC, Inc.
(Tetra Tech), on behalf of the Northeast
Gateway® Energy BridgeTM, L.P.
(Northeast Gateway or NEG) and
Algonquin Gas Transmission, L.L.C.
(Algonquin), for authorization to take
marine mammals, by harassment,
incidental to operating, maintaining,
and repairing a liquefied natural gas
(LNG) port and the Algonquin Pipeline
Lateral (Pipeline Lateral) facilities by
NEG and Algonquin, in Massachusetts
Bay. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue an authorization to Northeast
Gateway to incidentally take, by
harassment, small numbers of marine
mammals for a period of 1 year.
DATES: Comments and information must
be received no later than December 18,
2013.
ADDRESSES: Comments should be
addressed to P. Michael Payne, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910. The mailbox address for
providing email comments on this
action is ITP.Guan@noaa.gov.
Comments sent via email, including all
attachments, must not exceed a 10megabyte file size. A copy of the
application and a list of references used
in this document may be obtained by
writing to this address, and is also
available at: http://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
Instructions: All comments received
are a part of the public record and will
generally be posted to http://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications without
change. All Personal Identifying
SUMMARY:
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Information (for example, name,
address, etc.) voluntarily submitted by
the commenter may be publicly
accessible. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
The Maritime Administration
(MARAD) and U.S. Coast Guard (USCG)
Final Environmental Impact Statement
(Final EIS) on the Northeast Gateway
Energy Bridge LNG Deepwater Port
license application is available for
viewing at http://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A)(D) of the MMPA
(16 U.S.C. 1361 et seq.) direct the
Secretary of Commerce (Secretary) to
allow, upon request, the incidental, but
not intentional taking of marine
mammals by U.S. citizens who engage
in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and regulations are issued or,
if the taking is limited to harassment, a
notice of a proposed authorization is
provided to the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘. . . an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the U.S. can apply for
a one-year authorization to incidentally
take small numbers of marine mammals
by harassment, provided that there is no
potential for serious injury or mortality
to result from the activity. Section
101(a)(5)(D) establishes a 45-day time
limit for NMFS review of an application
followed by a 30-day public notice and
comment period on any proposed
authorizations for the incidental
harassment of marine mammals. Within
45 days of the close of the comment
period, NMFS must either issue or deny
the authorization.
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Summary of Request
On January 18, 2013, NMFS received
an application from Excelerate Energy,
L.P. (Excelerate) and Tetra Tech EC,
Inc., on behalf of Northeast Gateway and
Algonquin, for an authorization to take
14 species of marine mammals by Level
B harassment incidental to operations,
maintenance, and repair of an LNG port
and the Pipeline Lateral facilities in
Massachusetts Bay. They are: North
Atlantic right whale, humpback whale,
fin whale, sei whale, minke whale, longfinned pilot whale, Atlantic white-sided
dolphin, bottlenose dolphin, shortbeaked common dolphin, killer whale,
Risso’s dolphin, harbor porpoise, harbor
seal, and gray seal. Since LNG Port and
Pipeline Lateral operation, maintenance,
and repair activities have the potential
to take marine mammals, a marine
mammal take authorization under the
MMPA is warranted. NMFS previously
issued an IHA to Northeast Gateway and
Algonquin to allow for the incidental
harassment of small numbers of marine
mammals resulting from the
construction and operation of the NEG
Port and the Algonquin Pipeline Lateral
(72 FR 27077; May 14, 2007).
Subsequently, NMFS issued four oneyear IHAs for the take of marine
mammals incidental to the operation of
the NEG Port activity pursuant to
section 101(a)(5)(D) of the MMPA (73
FR 29485, May 21, 2008; 74 FR 45613,
September 3, 2009; 75 FR 53672,
September 1, 2010; and 76 FR 62778,
October 11, 2011). The most recent IHA
expired on October 6, 2012. Unlike the
previous IHAs, which only covered
incidental harassment during standard
operations of the deepwater port, the
new IHA application from Excelerate
requests take coverage during standard
operations, as well as during planned
and unplanned maintenance and repair.
Marine mammals could be affected by
noise generated by operating the
dynamic positioning system during the
docking of LNG vessels at the NEG Port,
and noises generated from maintenance
and repair of the LNG Port and Pipeline
Lateral facilities.
Description of the Activity
The Northeast Gateway Port is located
in Massachusetts Bay and consists of a
submerged buoy system to dock
specially designed LNG carriers
approximately 13 mi (21 km) offshore of
Massachusetts in federal waters
approximately 270 to 290 ft (82 to 88 m)
in depth. This facility delivers regasified
LNG to onshore markets via the
Algonquin Pipeline Lateral (Pipeline
Lateral). The Pipeline Lateral consists of
a 16.1-mile (25.8-kilometer) long, 24-
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inch (61-centimeter) outside diameter
natural gas pipeline which
interconnects the Port to an offshore
natural gas pipeline known as the
HubLine.
The Northeast Gateway Port consists
of two subsea Submerged Turret
LoadingTM (STL) buoys, each with a
flexible riser assembly and a manifold
connecting the riser assembly, via a
steel Flowline, to the subsea Pipeline
Lateral. Northeast Gateway utilizes
vessels from its current fleet of specially
designed Energy BridgeTM
Regasification Vessels (EBRVs), each
capable of transporting approximately
2.9 billion ft3 (82 million m3) of natural
gas condensed to 4.9 million ft3
(138,000 m3) of LNG. Northeast Gateway
has recently added two vessels to its
fleet that have a cargo capacity of
approximately 151,000 m3 (5.3 million
ft3). The mooring system installed at the
Northeast Gateway Port is designed to
handle each class of vessel. The EBRVs
would dock to the STL buoys, which
would serve as both the single-point
mooring system for the vessels and the
delivery conduit for natural gas. Each of
the STL buoys is secured to the seafloor
using a series of suction anchors and a
combination of chain/cable anchor
lines.
NEG Port Operations
During NEG Port operations, EBRVs
servicing the NEG Port would utilize the
International Maritime Organization
(IMO)-approved Boston Traffic
Separation Scheme (TSS) to delivery
LNG to the NEG Port facility. When an
EBRV arrives at the NEG Port, it would
retrieve one of the two permanently
anchored submerged STL buoys. It
would make final connection to the
buoy through a series of engine and bow
thruster actions. The EBRV would
require the use of thrusters for dynamic
positioning (DP) during docking
procedure. Typically, the docking
procedure is completed over a 10- to 30minute period, with the thrusters
activated as necessary for short periods
(bursts in seconds). During this time
period thrusters would be engaged in
use for docking at the NEG Port
approximately 10 to 30 minutes for each
vessel arrival and departure. Once
connected to the buoy, the EBRV would
make ready to begin vaporizing the LNG
into its natural gas state using the
onboard regasification system. As the
LNG is regasified, natural gas would be
transferred at pipeline pressures off the
EBRV through the STL buoy and
flexible riser via a steel flowline leading
to the connecting Algonquin Pipeline
Lateral. When the LNG vessel is on the
buoy, wind and current effects on the
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vessel would be allowed to
‘‘weathervane’’ on the single-point
mooring system; therefore, thrusters
would not be used to maintain a
stationary position.
According to NEG, it is estimated that
the NEG Port could receive
approximately 65 cargo deliveries a
year, although none have been received
since February 2010.
Detailed information on the operation
activities can be found in the MARAD/
USCG Final EIS on the Northeast
Gateway Project (see ADDRESSES for
availability). Detailed information on
the LNG facility’s operation and noise
generated from operations was also
published in the Federal Register for
the proposed IHA for Northeast
Gateway’s LNG Port construction and
operations on March 13, 2007 (72 FR
11328).
NEG Port Maintenance and Repair
The specified design life of the NEG
Port is about 40 years, with the
exception of the anchors, mooring
chain/rope, and riser/umbilical
assemblies, which are based on a
maintenance-free design life of 20 years.
The buoy pick-up system components
are considered consumable and are
inspected following each buoy
connection, and replaced (from inside
the STL compartment during the normal
cargo discharge period) as deemed
necessary. The underwater components
of the NEG Port are inspected once
yearly in accordance with Classification
Society Rules (American Bureau of
Shipping) using either divers or
remotely operated vehicles (ROV) to
inspect and record the condition of the
various STL system components. These
activities are conducted using the NEG
Port’s normal support vessel (125-foot
[38 meter], 99 gross ton, 2,700
horsepower, aluminum mono-hull
vessel), and to the extent possible
coincide with planned weekly visits to
the NEG Port.
In addition to these routine activities,
there may be instances whereby
unanticipated events at the NEG Port
necessitate emergency maintenance
and/or repair activities. While the extent
and number of such maintenance and
repair activities at the NEG Port over its
expected 25 year life cannot be
accurately estimated, it is reasonable to
assume that a worst-case maintenance
and/or repair scenario would result in
similar types of activities and require
the use of similar support vessels and
equipment as used for construction.
There may also be certain unanticipated
circumstances that require the presence
of an EBRV at the NEG Port to support
these maintenance and repair activities
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(e.g., maintenance and repair on the STL
Buoy, vessel commissioning, and any
onboard equipment malfunction or
failure occurring while a vessel is
present for cargo delivery). To assess the
impact to marine mammals from the
NEG port maintenance and repair, a 14day maintenance period during one
calendar is selected. This is based on
evaluation of the potential marine
mammal takes associated with similar
maintenance and repair at the Neptune
Port Facility in Massachusetts Bay, due
to the fact that both the NEG and
Neptune Ports are very similar in their
potential need and type of maintenance
and repair of port facilities.
Algonquin Pipeline Lateral Routine
Operations and Maintenance Activities
The planned activities required for
the operations and maintenance (O&M)
of the Algonquin Pipeline Lateral and
Flowlines over a 1-year period are
limited. Similar to the inspection of the
NEG Port underwater components, the
only planned O&M activity is the
annual inspection of the cathodic
protection monitors by a ROV. The
monitors are located at the ends of the
Algonquin Pipeline Lateral and the
adjacent Flowlines. Each inspection
activity would take approximately 3
days and would utilize a ROV launched
from a vessel of opportunity. The most
likely vessel would be similar to the
NEG Port’s normal support vessel
referenced earlier in the document. This
vessel is self-positioning and requires
no anchors or use of thrusters. The
vessel would mobilize from Salem,
Massachusetts, and would inspect the
monitors in the vicinity of the NEG Port
and at the point where the Algonquin
Pipeline Lateral interconnects with
Algonquin’s HubLine. These activities
would be performed during daylight
hours and during periods of good
weather.
Unplanned Pipeline Repair Activities
Unplanned O&M activities may be
required from time to time at a location
along the Algonquin Pipeline Lateral or
along one of the Flowlines should the
line become damaged or malfunction.
Repair activities requiring limited
excavation to access the pipeline or
cathodic protection maintenance are
authorized by the FERC certificate.
Should repair work be required, it is
likely a dive vessel would be the main
vessel used to support the repair work.
The type of diving spread and the
corresponding vessel needed to support
the spread would be dictated by the
type of repair work required and the
water depth at the work location. In
addition, the type of vessel used may
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vary depending upon availability. The
duration of an unplanned activity
would also vary depending upon the
repair work involved (e.g., repairing or
replacing a section of the pipeline,
connection, or valve) but can generally
be assumed to take less than 40 work
days to complete based on industry
experience with underwater pipeline
repairs.
A diving spread required to execute
an unplanned activity might necessitate
several vessels. Most likely the dive
vessel would support a saturation
diving spread and be moored at the
work location using four anchors. Once
secured at the work location, the dive
vessel would remain on site through the
completion of the work, weather
permitting. A crew/supply boat would
be utilized to intermittently provide
labor and supply transfers. Once or
twice during the work, a tug may be
required to bring a material barge to and
from the location. While unlikely, there
is a small possibility that a second dive
vessel would be required to support the
main dive vessel, depending upon the
work activity. The second dive vessel
would be on-site for a shorter work
duration. These vessels would be
supported from an onshore base located
between Quincy and Gloucester,
Massachusetts.
The selection of a dive vessel would
be driven by the technical requirements
of the work. In addition, the degree of
urgency required to address the work
and the availability of vessels will also
enter into the decision process for
securing a dive vessel. It may be that a
four-point moored dive vessel is either
not available or doesn’t meet the
technical capabilities required by the
work. It then becomes possible that a DP
dive vessel may have to be utilized. The
use of a DP dive vessel removes the
need for an attendant tug to support the
vessel since no anchors will be
deployed. However, potential impacts
related to noise are increased when a DP
dive vessel is used. The noise generated
by a DP dive vessel varies, and results
from the use of the thrusters which run
at various levels to maintain the vessel’s
position during the work depending
upon currents, winds, waves and other
forces acting on the vessel at the time of
the work.
Description of Marine Mammals in the
Area of the Specified Activities
Marine mammal species that
potentially occur in the vicinity of the
Northeast Gateway facility include
several species of cetaceans and
pinnipeds:
North Atlantic right whale (Eubalaena
glacialis),
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humpback whale (Megaptera
novaeangliae),
fin whale (Balaenoptera physalus),
minke whale (B. acutorostrata),
long-finned pilot whale (Globicephala
melas),
Atlantic white-sided dolphin
(Lagenorhynchus acutus),
bottlenose dolphin (Tursiops truncatus),
coPSOn dolphin (Delphinus delphis),
killer whale (Orcinus orca),
Risso’s dolphin (Grampus griseus),
harbor porpoise (Phocoena phocoena),
harbor seal (Phoca vitulina), and
gray seal (Halichoerus grypus).
Information on those species that may
be affected by this activity is discussed
in detail in the USCG Final EIS on the
Northeast Gateway LNG proposal.
Please refer to that document for more
information on these species and
potential impacts from construction and
operation of this LNG facility. In
addition, general information on these
marine mammal species can also be
¨
found in Wursig et al. (2000) and in the
NMFS Stock Assessment Reports
(Waring et al., 2013). This latter
document is available at: http://
www.nmfs.noaa.gov/pr/sars/pdf/
ao2012.pdf. An updated summary on
several PSO-sighted marine mammal
species distribution and abundance in
the vicinity of the proposed action area
is provided below.
Humpback Whale
The highest abundance for humpback
whales is distributed primarily along a
relatively narrow corridor following the
100-m (328 ft) isobath across the
southern Gulf of Maine from the
northwestern slope of Georges Bank,
south to the Great South Channel, and
northward alongside Cape Cod to
Stellwagen Bank and Jeffreys Ledge. The
relative abundance of whales increases
in the spring with the highest
occurrence along the slope waters
(between the 40- and 140-m, or 131- and
459-ft, isobaths) off Cape Cod and Davis
Bank, Stellwagen Basin and Tillies
Basin and between the 50- and 200-m
(164- and 656-ft) isobaths along the
inner slope of Georges Bank. High
abundance is also estimated for the
waters around Platts Bank. In the
summer months, abundance increases
markedly over the shallow waters (<50
m, or <164 ft) of Stellwagen Bank, the
waters (100–200 m, or 328–656 ft)
between Platts Bank and Jeffreys Ledge,
the steep slopes (between the 30- and
160-m isobaths) of Phelps and Davis
Bank north of the Great South Channel
towards Cape Cod, and between the 50and 100-m (164- and 328-ft) isobath for
almost the entire length of the steeply
sloping northern edge of Georges Bank.
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This general distribution pattern
persists in all seasons except winter,
when humpbacks remain at high
abundance in only a few locations
including Porpoise and Neddick Basins
adjacent to Jeffreys Ledge, northern
Stellwagen Bank and Tillies Basin, and
the Great South Channel. The best
estimate of abundance for Gulf of
Maine, formerly western North Atlantic,
humpback whales is 847 animals
(Waring et al., 2009). Current data
suggest that the Gulf of Maine
humpback whale stock is steadily
increasing in size, which is consistent
with an estimated average trend of 3.1
percent in the North Atlantic population
overall for the period 1979–1993
(Stevick et al., 2003, cited in Waring et
al., 2009).
Fin Whale
Spatial patterns of habitat utilization
by fin whales are very similar to those
of humpback whales. Spring and
summer high-use areas follow the 100m (328 ft) isobath along the northern
edge of Georges Bank (between the 50and 200-m (164- and 656-ft) isobaths),
and northward from the Great South
Channel (between the 50- and 160-m, or
164- and 525-ft, isobaths). Waters
around Cashes Ledge, Platts Bank, and
Jeffreys Ledge are all high-use areas in
the summer months. Stellwagen Bank is
a high-use area for fin whales in all
seasons, with highest abundance
occurring over the southern Stellwagen
Bank in the summer months. In fact, the
southern portion of the Stellwagen Bank
National Marine Sanctuary (SBNMS) is
used more frequently than the northern
portion in all months except winter,
when high abundance is recorded over
the northern tip of Stellwagen Bank. In
addition to Stellwagen Bank, high
abundance in winter is estimated for
Jeffreys Ledge and the adjacent Porpoise
Basin (100- to 160-m, 328- to 656-ft,
isobaths), as well as Georges Basin and
northern Georges Bank. The best
estimate of abundance for the western
North Atlantic stock of fin whales is
2,269 (Waring et al., 2009). Currently,
there are insufficient data to determine
population trends for this species.
Minke Whale
Like other piscivorous baleen whales,
highest abundance for minke whale is
strongly associated with regions
between the 50- and 100-m (164- and
328-ft) isobaths, but with a slightly
stronger preference for the shallower
waters along the slopes of Davis Bank,
Phelps Bank, Great South Channel and
Georges Shoals on Georges Bank. Minke
whales are sighted in the SBNMS in all
seasons, with highest abundance
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estimated for the shallow waters
(approximately 40 m, or 131 ft) over
southern Stellwagen Bank in the
summer and fall months. Platts Bank,
Cashes Ledge, Jeffreys Ledge, and the
adjacent basins (Neddick, Porpoise and
Scantium) also support high relative
abundance. Very low densities of minke
whales remain throughout most of the
southern Gulf of Maine in winter. The
best estimate of abundance for the
Canadian East Coast stock, which occurs
from the western half of the Davis Strait
to the Gulf of Mexico, of minke whales
is 3,312 animals (Waring et al., 2009).
Currently, there are insufficient data to
determine population trends for this
species.
North Atlantic Right Whale
North Atlantic right whales are
generally distributed widely across the
southern Gulf of Maine in spring with
highest abundance located over the
deeper waters (100- to 160-m, or 328- to
525-ft, isobaths) on the northern edge of
the Great South Channel and deep
waters (100–300 m, 328–984 ft) parallel
to the 100-m (328-ft) isobath of northern
Georges Bank and Georges Basin. High
abundance is also found in the
shallowest waters (<30 m, or <98 ft) of
Cape Cod Bay, over Platts Bank and
around Cashes Ledge. Lower relative
abundance is estimated over deep-water
basins including Wilkinson Basin,
Rodgers Basin and Franklin Basin. In
the summer months, right whales move
almost entirely away from the coast to
deep waters over basins in the central
Gulf of Maine (Wilkinson Basin, Cashes
Basin between the 160- and 200-m, or
525- and 656-ft, isobaths) and north of
Georges Bank (Rogers, Crowell and
Georges Basins). Highest abundance is
found north of the 100-m (328-ft)
isobath at the Great South Channel and
over the deep slope waters and basins
along the northern edge of Georges
Bank. The waters between Fippennies
Ledge and Cashes Ledge are also
estimated as high-use areas. In the fall
months, right whales are sighted
infrequently in the Gulf of Maine, with
highest densities over Jeffreys Ledge and
over deeper waters near Cashes Ledge
and Wilkinson Basin. In winter, Cape
Cod Bay, Scantum Basin, Jeffreys Ledge,
and Cashes Ledge were the main highuse areas. Although SBNMS does not
appear to support the highest
abundance of right whales, sightings
within SBNMS are reported for all four
seasons, albeit at low relative
abundance. Highest sighting within
SBNMS occurred along the southern
edge of the Bank.
The western North Atlantic
population size was estimated to be at
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least 345 individuals in 2005 based on
a census of individual whales identified
using photo-identification techniques
(Waring et al., 2009). This value is a
minimum and does not include animals
that were alive prior to 2003 but not
recorded in the individual sightings
database as seen from December 1, 2003,
to October 10, 2008. It also does not
include calves known to be born during
2005 or any other individual whale seen
during 2005 but not yet entered into the
catalog (Waring et al., 2009).
Examination of the minimum alive
population index calculated from the
individual sightings database, as it
existed on October 10, 2008, for the
years 1990–2005 suggests a positive
trend in numbers. These data reveal a
significant increase in the number of
catalogued whales alive during this
period but with significant variation due
to apparent losses exceeding gains
during 1998–1999. Mean growth rate for
the period 1990–2005 was 1.8 percent
(Waring et al., 2009).
Long-Finned Pilot Whale
The long-finned pilot whale is more
generally found along the edge of the
continental shelf (a depth of 330 to
3,300 ft, or 100 to 1,000 m), choosing
areas of high relief or submerged banks
in cold or temperate shoreline waters.
This species is split between two
subspecies: The Northern and Southern
subspecies. The Southern subspecies is
circumpolar with northern limits of
Brazil and South Africa. The Northern
subspecies, which could be encountered
during operation of the NEG Port, ranges
from North Carolina to Greenland
(Reeves et al., 2002; Wilson and Ruff,
1999). In the western North Atlantic,
long-finned pilot whales are pelagic,
occurring in especially high densities in
winter and spring over the continental
slope, then moving inshore and onto the
shelf in summer and autumn following
squid and mackerel populations (Reeves
et al., 2002). They frequently travel into
the central and northern Georges Bank,
Great South Channel, and Gulf of Maine
areas during the summer and early fall
(May and October) (NOAA, 1993).
According to the species stock report,
the population estimate for the Western
North Atlantic long-finned pilot whale
is 26,535 individuals (Waring et al.,
2010). Currently, there are insufficient
data to determine population trends for
the long-finned pilot whale.
Atlantic White-Sided Dolphin
In spring, summer and fall, Atlantic
white-sided dolphins are widespread
throughout the southern Gulf of Maine,
with the high-use areas widely located
either side of the 100-m (328-ft) isobath
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along the northern edge of Georges
Bank, and north from the Great South
Channel to Stellwagen Bank, Jeffreys
Ledge, Platts Bank and Cashes Ledge. In
spring, high-use areas exist in the Great
South Channel, northern Georges Bank,
the steeply sloping edge of Davis Bank
and Cape Cod, southern Stellwagen
Bank and the waters between Jeffreys
Ledge and Platts Bank. In summer, there
is a shift and expansion of habitat
toward the east and northeast. High-use
areas are identified along most of the
northern edge of Georges Bank between
the 50- and 200-m (164- and 656-ft)
isobaths and northward from the Great
South Channel along the slopes of Davis
Bank and Cape Cod. High numbers of
sightings are also recorded over Truxton
Swell, Wilkinson Basin, Cashes Ledge
and the bathymetrically complex area
northeast of Platts Bank. High numbers
of sightings of white-sided dolphin are
recorded within SBNMS in all seasons,
with highest density in summer and
most widespread distributions in spring
located mainly over the southern end of
Stellwagen Bank. In winter, high
numbers of sightings are recorded at the
northern tip of Stellwagen Bank and
Tillies Basin.
A comparison of spatial distribution
patterns for all baleen whales
(Mysticeti) and all porpoises and
dolphins combined show that both
groups have very similar spatial patterns
of high- and low-use areas. The baleen
whales, whether piscivorous or
planktivorous, are more concentrated
than the dolphins and porpoises. They
utilize a corridor that extended broadly
along the most linear and steeply
sloping edges in the southern Gulf of
Maine indicated broadly by the 100 m
(328 ft) isobath. Stellwagen Bank and
Jeffreys Ledge support a high abundance
of baleen whales throughout the year.
Species richness maps indicate that
high-use areas for individual whales
and dolphin species co-occur, resulting
in similar patterns of species richness
primarily along the southern portion of
the 100-m (328-ft) isobath extending
northeast and northwest from the Great
South Channel. The southern edge of
Stellwagen Bank and the waters around
the northern tip of Cape Cod are also
highlighted as supporting high cetacean
species richness. Intermediate to high
numbers of species are also calculated
for the waters surrounding Jeffreys
Ledge, the entire Stellwagen Bank,
Platts Bank, Fippennies Ledge and
Cashes Ledge. The best estimate of
abundance for the western North
Atlantic stock of white-sided dolphins
is 63,368 (Waring et al., 2009). A trend
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analysis has not been conducted for this
species.
Killer Whale, CoPSOn Dolphin,
Bottlenose Dolphin, Risso’s Dolphin,
and Harbor Porpoise
Although these five species are some
of the most widely distributed small
cetacean species in the world (Jefferson
et al., 1993), they are not coPSOnly seen
in the vicinity of the proposed project
area in Massachusetts Bay (Wiley et al.,
1994; NCCOS, 2006; Northeast Gateway
Marine Mammal Monitoring Weekly
Reports, 2007). The total number of
killer whales off the eastern U.S. coast
is unknown, and present data are
insufficient to calculate a minimum
population estimate or to determine the
population trends for this stock
(Blaylock et al., 1995). The best estimate
of abundance for the western North
Atlantic stock of coPSOn dolphins is
120,743 animals, and a trend analysis
has not been conducted for this species
(Waring et al., 2007). There are several
stocks of bottlenose dolphins found
along the eastern U.S. from Maine to
Florida. The stock that may occur in the
area of the Neptune Port is the western
North Atlantic coastal northern
migratory stock of bottlenose dolphins.
The best estimate of abundance for this
stock is 7,489 animals (Waring et al.,
2009). There are insufficient data to
determine the population trend for this
stock. The best estimate of abundance
for the western North Atlantic stock of
Risso’s dolphins is 20,479 animals
(Waring et al., 2009). There are
insufficient data to determine the
population trend for this stock. The best
estimate of abundance for the Gulf of
Maine/Bay of Fundy stock of harbor
porpoise is 89,054 animals (Waring et
al., 2009). A trend analysis has not been
conducted for this species.
Harbor Seal and Gray Seal
In the U.S. waters of the western
North Atlantic, both harbor and gray
seals are usually found from the coast of
Maine south to southern New England
and New York (Waring et al., 2010).
Along the southern New England and
New York coasts, harbor seals occur
seasonally from September through late
May (Schneider and Payne, 1983). In
recent years, their seasonal interval
along the southern New England to New
Jersey coasts has increased (deHart,
2002). In U.S. waters, harbor seal
breeding and pupping normally occur in
waters north of the New Hampshire/
Maine border, although breeding has
occurred as far south as Cape Cod in the
early part of the 20th century (Temte et
al., 1991; Katona et al., 1993). The best
estimate of abundance for the western
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North Atlantic stock of harbor seals is
99,340 animals (Waring et al., 2009).
Between 1981 and 2001, the
uncorrected counts of seals increased
from 10,543 to 38,014, an annual rate of
6.6 percent (Gilbert et al., 2005, cited in
Waring et al., 2009).
Although gray seals are often seen off
the coast from New England to
Labrador, within the U.S. waters, only
small numbers of gray seals have been
observed pupping on several isolated
islands along the Maine coast and in
Nantucket-Vineyard Sound,
Massachusetts (Katona et al., 1993;
Rough, 1995). In the late 1990s, a yearround breeding population of
approximately 400 gray seals was
documented on outer Cape Cod and
Muskeget Island (Warring et al., 2007).
Depending on the model used, the
minimum estimate for the Canadian
gray seal population was estimated to
range between 125,541 and 169,064
animals (Trzcinski et al., 2005, cited in
Waring et al., 2009); however, present
data are insufficient to calculate the
minimum population estimate for U.S.
waters. Waring et al. (2009) note that
gray seal abundance in the U.S. Atlantic
is likely increasing, but the rate of
increase is unknown.
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Potential Effects of the Specified
Activity on Marine Mammals
The proposed NEG LNG port
operations and maintenance and repair
activities could adversely affect marine
mammal species and stocks by exposing
them to elevated noise levels in the
vicinity of the activity area.
Marine mammals exposed to high
intensity sound repeatedly or for
prolonged periods can experience
hearing threshold shift (TS), which is
the loss of hearing sensitivity at certain
frequency ranges (Kastak et al. 1999;
Schlundt et al. 2000; Finneran et al.
2002; 2005). TS can be permanent
(PTS), in which case the loss of hearing
sensitivity is unrecoverable, or
temporary (TTS), in which case the
animal’s hearing threshold will recover
over time (Southall et al. 2007). Since
marine mammals depend on acoustic
cues for vital biological functions, such
as orientation, communication, finding
prey, and avoiding predators, marine
mammals that suffer from PTS or TTS
will have reduced fitness in survival
and reproduction, either permanently or
temporarily. Repeated noise exposure
that leads to TTS could cause PTS.
Currently, NMFS considers that
repeated exposure to received noise
levels at 180 dB and 190 dB re 1 mPa
(rms) could lead to TTS in cetaceans
and pinnipeds, respectively.
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In addition, chronic exposure to
excessive, though not high-intensity,
noise could cause masking at particular
frequencies for marine mammals that
utilize sound for vital biological
functions (Clark et al. 2009). Masking
can interfere with detection of acoustic
signals such as communication calls,
echolocation sounds, and
environmental sounds important to
marine mammals. Therefore, under
certain circumstances, marine mammals
whose acoustical sensors or
environment are being severely masked
could also be impaired from maximizing
their performance fitness in survival
and reproduction.
Masking occurs at the frequency band
which the animals utilize. Therefore,
since noise generated from in-water
vibratory pile driving and removal is
mostly concentrated at low frequency
ranges, it may have less effect on high
frequency echolocation sounds by
odontocetes (toothed whales). However,
lower frequency man-made noises are
more likely to affect detection of
communication calls and other
potentially important natural sounds
such as surf and prey noise. It may also
affect communication signals when they
occur near the noise band and thus
reduce the communication space of
animals (e.g., Clark et al. 2009) and
cause increased stress levels (e.g., Foote
et al. 2004; Holt et al. 2009).
Unlike TS, masking can potentially
affect the species at population,
community, or even ecosystem levels, as
well as individual levels. Masking
affects both senders and receivers of the
signals and could have long-term
chronic effects on marine mammal
species and populations. Recent science
suggests that low frequency ambient
sound levels have increased by as much
as 20 dB (more than 3 times in terms of
SPL) in the world’s ocean from preindustrial periods, and most of these
increases are from distant shipping
(Hildebrand 2009). All anthropogenic
noise sources, such as those from vessel
traffic, vessel docking and stationing
while operating dynamic positioning
(DP) thrusters, dredging and pipe laying
associated with LNG Port and Pipeline
Lateral maintenance and repair, and
LNG regasification activities, contribute
to the elevated ambient noise levels,
thus increasing potential for or severity
of masking.
Finally, exposure of marine mammals
to certain sounds could lead to
behavioral disturbance (Richardson et
al. 1995), such as: Changing durations of
surfacing and dives, number of blows
per surfacing, or moving direction and/
or speed; reduced/increased vocal
activities, changing/cessation of certain
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behavioral activities (such as socializing
or feeding); visible startle response or
aggressive behavior (such as tail/fluke
slapping or jaw clapping), avoidance of
areas where noise sources are located,
and/or flight responses (e.g., pinnipeds
flushing into water from haulouts or
rookeries).
The biological significance of many of
these behavioral disturbances is difficult
to predict, especially if the detected
disturbances appear minor. However,
the consequences of behavioral
modification are expected to be
biologically significant if the change
affects growth, survival, and/or
reproduction.
The onset of behavioral disturbance
from anthropogenic noise depends on
both external factors (characteristics of
noise sources and their paths) and the
receiving animals (hearing, motivation,
experience, demography) and is also
difficult to predict (Southall et al. 2007).
Currently NMFS uses 160 dB re 1 mPa
(rms) at received level for impulse
noises (such as impact pile driving) as
the onset of marine mammal behavioral
harassment, and 120 dB re 1 mPa (rms)
for non-impulse noises (such as
operating DP thrusters, dredging, pipe
laying, and LNG regasification). For the
NEG Port and Algonquin Pipeline
Lateral operations and maintenance and
repair activities, only the 120 dB re 1
mPa (rms) threshold is considered
because only non-impulse noise sources
would be generated.
Northeast Gateway contracted with
Tetra Tech EC, Inc. (Tetra Tech) to
perform field investigations to
document various underwater noise
levels emitted during the construction
of the NEG Port and Algonquin Pipeline
Lateral and during the operation of NEG
Port facilities (namely the operation of
EBRVs). Tetra Tech conducted five
offshore hydroacoustic field programs:
One in 2005 and one in 2006 at the Gulf
Gateway Deepwater Port located
approximately 116 miles off the coast of
Louisiana in the Gulf of Mexico; and
three in 2007 at the NEG Port and
Algonquin Pipeline Lateral Project area.
The 2005 measurements were
completed to determine underwater
noise levels during EBRV onboard
regasification and vessel movements.
The data from the 2005 field program
was used to support the modeling and
analysis of potential acoustic effects of
EBRV operations in Massachusetts Bay
during the NEG Port permitting and
licensing process. The data collected in
2006 was also associated with EBRV
operation activities and were collected
for the purpose of verifying the
measurement completed in 2005 as well
as to further document sound levels
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during additional operational and EBRV
activities such as EBRV coupling and
decoupling from the buoy system,
transit and the use of stern and bow
thrusters required for dynamic
positioning. The 2007 measurements
were collected during NEG Port and
Algonquin Pipeline Lateral construction
to obtain site-specific underwater
sound-level data associated with various
construction activities that were
previously modeled in support of
permitting and licensing. These data are
used here to analyze potential noise
impacts to marine mammals and to
provide the basis for take calculation
before new measurements are made onsite (see Proposed Monitoring Measures
section below).
A detailed report describing both the
2006 and 2007 operation and
construction noise measurement events
and associated results have been
included as Appendix B of the IHA
application. The following sections
describe those activities that could
result in Level B harassment as they
relate to NEG Port and Algonquin O&M
activities.
NEG Port Operations
For the purposes of understanding the
noise footprint of operations at the NEG
Port, measurements taken to capture
operational noise (docking, undocking,
regasification, and EBRV thruster use)
during the 2006 Gulf of Mexico field
event were taken at the source.
Measurements taken during EBRV
transit were normalized to a distance of
328 feet (100 meters) to serve as a basis
for modeling sound propagation at the
NEG Port site in Massachusetts Bay.
Sound propagation calculations for
operational activities were then
completed at two positions in
Massachusetts Bay to determine sitespecific distances to the 120/160/180 dB
re 1 mPa isopleths: At LNG Port (EBRV
Operations) and at Boston TSS (EBRV
Transit).
At each of these locations sound
propagation calculations were
performed to determine the noise
footprint of the operation activity at
each of the specified locations.
Calculations were performed in
accordance with Marsh and Schulkin
(1985) and Richardson et al (1995) and
took into consideration aspects of water
depth, sea state, bathymetry, and seabed
composition. In addition, the acoustic
modeling performed specifically
evaluated sound energy in 1/3-octave
spectral bands covering frequencies
from 12.5 hertz (Hz) to 20 kilohertz
(kHz). This range encompasses the
auditory frequency range of marine
mammals and the range at which sound
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propagates beyond the immediate
vicinity of the source (i.e., high
frequency sounds have a much higher
attenuation rate than frequencies in the
low to middle range due to a higher
absorption rate by seawater and
boundary effects). These results were
then summed across frequencies to
provide the broadband received levels at
receptor locations. A literature review of
relevant underwater noise measurement
data of offshore construction activities
in similar shallow water environments
were referred to for estimating typical
propagation rates. Relevant here, the
resulting distances to the 120 dB
isopleth (180 dB re 1 mPa does not exist)
was estimated to determine the
maximum distance at which Level B
harassment may occur.
To further understand how NEG Port
activities may result in underwater
noise that could harass marine
mammals, Northeast Gateway has
engaged scientists from Cornell
University’s Bioacoustics Research
Program (BRP) and the Woods Hole
Oceanographic Institution (WHOI) as
the consultants for collecting and
analyzing the acoustic data throughout
the project area (see sections 13.0 and
14.0 of the IHA application). Elevated
underwater sound levels within
Massachusetts Bay due to this existing
vessel traffic and other Bay activities
may effectively mask sound generated
during Port activities. Sound levels
recorded by marine autonomous
recording units (MARUs) within
frequency bands for marine mammals
have been reported to include whales,
other biotic and abiotic sound sources
and ambient noise that could be
occurring at the time (BRP 2011).
the use of similar support vessels and
equipment as used for construction.
Modeling analysis conducted by
TetraTech concluded that the only
underwater noise of critical concern
during NEG Port construction would be
from vessel noises such as turning
screws, engine noise, noise of operating
machinery, and thruster use. To confirm
these modeled results and better
understand the noise footprint
associated with construction activities
at the NEG Port, field measurements
were taken of various construction
activities during the 2007 NEG Port and
Algonquin Pipeline Lateral Construction
period. Measurements were taken to
establish the ‘‘loudest’’ potential
construction measurement event. The
location at the LNG Port was used to
determine site-specific distances to the
120/180 dB re 1 mPa isopleths for NEG
Port maintenance and repair activities.
As described for NEG Port operations,
sound propagation calculations were
performed to determine the noise
footprint of the construction activity.
The calculations took into consideration
aspects of water depth, sea state,
bathymetry, and seabed composition,
and specifically evaluated sound energy
in the range that encompasses the
auditory frequencies of marine
mammals and at which sound
propagates beyond the immediate
vicinity of the source. These results
were then summed across frequencies to
provide the broadband received levels at
receptor locations. The resulting
distances to the 120 dB isopleth (180 dB
re 1 mPa does not exist) was estimated
to determine the maximum distance at
which Level B harassment may occur
(Table 1).
NEG Port Maintenance and Repair
As stated in earlier in the document,
routine inspections of NEG Port
mooring components occur after each
buoy connection from the Port’s normal
support vessel. Inspections of other Port
facility components such as the STL
Buoy, flexible riser, mooring system,
pipeline end manifold (PLEM) are
conducted annually by a ROV and/or
diver launched from a vessel of
opportunity.
In addition to these routine activities,
there may be instances whereby
unanticipated events at the NEG Port
necessitate emergency maintenance
and/or repair activities. While the extent
and number of such maintenance and
repair activities at the NEG Port over its
expected 25 year life cannot be
accurately estimated, it is reasonable to
assume that a worst-case maintenance
and/or repair scenario would result in
similar types of activities and require
Algonquin Pipeline Lateral Operations
and Maintenance and Unplanned
Repair
As discussed earlier in the document,
routine inspections of the Algonquin
Pipeline Lateral are conducted annually
by a ROV launched from a vessel of
opportunity. Planned O&M activity is
the annual inspection of the cathodic
protection monitors by a ROV. The
monitors are located at the ends of the
Algonquin Pipeline Lateral and the
adjacent Flowlines. Each inspection
activity will take approximately 3 days
and will utilize a ROV launched from a
vessel of opportunity. The most likely
vessel will be similar to the NEG Port’s
normal support vessel.
In addition to these routine activities,
there may be instances whereby
unanticipated events at the NEG Port
and Algonquin Pipeline Lateral
necessitate emergency maintenance
and/or repair activities. While the extent
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and number of such maintenance and
repair activities at the Port over its
expected 25 year life cannot be
accurately estimated, it is reasonable to
assume that a worst-case maintenance
and/or repair scenario would result in
similar types of activities and require
the use of similar support vessels and
equipment as used for construction.
Modeling analysis conducted in
support of the final EIS/EIR concluded
that the only underwater noise of
critical concern during NEG Port and
Algonquin Pipeline Lateral construction
would be from vessel noises such as
turning screws, engine noise, noise of
operating machinery, and thruster use.
As with construction noise at the NEG
Port, to confirm modeled results and
better understand the noise footprint
associated with construction activities
along the Algonquin Pipeline Lateral,
field measurements were taken of
various construction activities during
the 2007 NEG Port and Algonquin
Pipeline Lateral Construction period.
Again, measurements were taken to
establish the ‘‘loudest’’ potential
construction measurement event. Two
positions within Massachusetts Bay
were then used to determine sitespecific distances to the 120/180 dB re
1 mPa isopleths: at PLEM and at MidPipeline.
As described for NEG Port operations
and maintenance and repair, at each
location sound propagation calculations
were performed to determine the noise
footprint of the construction activity at
each of the specified locations. The
resulting distances to the 120 dB
isopleth (180 dB re 1 mPa does not exist)
was estimated to determine the
maximum distance at which Level B
harassment may occur (Table 1).
TABLE 1—MODELED UNDERWATER RECEIVED SOUND PRESSURE LEVELS AND DISTANCES TO THRESHOLD LEVELS FOR
NEG PORT AND ALGONQUIN PIPELINE LATERAL OPERATIONS AND MAINTENANCE AND REPAIR ACTIVITIES
Estimated distance
(m) from source
where
received SPL falls
below 120 dB
re 1 μPa
Activities
NEG Port Operations:
EBRV docking with support vessel at Port ......................................................................................................................
EBRV docking with support vessels on station ...............................................................................................................
EBRV regasification ..........................................................................................................................................................
EBRV transiting TSS ........................................................................................................................................................
NEG Port Maintenance and Repair:
Barge/tug (with load)/construction vessel ........................................................................................................................
Algonquin Pipeline Lateral O&M and Unplanned Repair:
Barge/tug (with load)/construction vessel at PLEM .........................................................................................................
Barge/tug (with load)/construction vessel at Mid-pipeline ................................................................................................
Potential Effects on Marine Mammal
Habitat
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NEG Port Operations
Operation of the NEG Port will not
result in short-term effects; however,
long-term effects on the marine
environment, including alteration of the
seafloor conditions, continued
disturbance of the seafloor, regular
withdrawal of sea water, and regular
generation of underwater noise, will
result from Port operations. Specifically,
a small area (0.14 acre) along the
Pipeline Lateral has been permanently
altered (armored) at two cable crossings.
In addition, the structures associated
with the NEG Port (flowlines, mooring
wire rope and chain, suction anchors,
and pipeline end manifolds) occupy 4.8
acres of seafloor. An additional area of
the seafloor of up to 43 acres (worst case
scenario based on severe 100-year storm
with EBRVs occupying both STL buoys)
will be subject to disturbance due to
chain sweep while the buoys are
occupied. Given the relatively small size
of the NEG Port area that will be directly
affected by Port operations, NMFS does
not anticipate that habitat loss will be
significant.
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EBRVs are currently authorized to
withdraw an average of 4.97 million
gallons per day (mgd) and 2.6 billion
gallons per year of sea water for general
ship operations during it cargo delivery
activities at the NEG Port. However,
during the operations of the NEG Port
facility, it was revealed that
significantly more water usage is needed
from what was originally evaluated in
the final USCG Environmental Impact
Statement/Environmental Impact Report
(EIS/EIR). The updates for the needed
water intake and discharge temperature
are:
• 11 billion gallons of total annual
water use at the Port;
• Maximum daily intake volume of
up to 56 mgd at a rate of 0.45 feet per
second when an EBRV is not able to
achieve the heat recovery system (HRS:
It is the capability of reducing water use
during the regasification process) mode
of operation; and,
• Maximum daily change in
discharge temperature of 12 °C (21.6 °F)
from ambient from the vessel’s main
condenser cooling system.
Under the requested water-use
scenario, Tech Tech (2011) conducted
an environmental analysis on the
potential impacts to marine mammals
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4,250
5,500
< 300
1,750
2,560
3,500
2,831
and their prey. To evaluate impacts to
phytoplankton under the increased
water usage, the biomass of
phytoplankton lost from the
Massachusetts Bay ecosystem was
estimated based on the method
presented in the final EIS/EIR.
Phytoplankton densities of 65,000 to
390,000 cells/gallon were multiplied by
the annual planned activities of
withdrawal rate of 11 billion gallons to
estimate a loss of 7.15 × 1014 to 4.29 ×
1015 cells per year. Assuming a dryweight biomass of 10¥10 to 10¥11 gram
per cell (g/cell), an estimated 7.2 kg to
429 kg of biomass would be lost from
Massachusetts Bay under the proposed
activity, up to approximately 4.2 times
that estimated in the final EIS/EIR for
the permitted operational scenario. An
order of magnitude estimate of the effect
of this annual biomass loss on the
regional food web can be calculated
assuming a 10 percent transfer of
biomass from one trophic level to the
next (Sumich 1988) following the
method used in the final EIS/EIR. This
suggests that the loss of 7.2 kg to 429 kg
of phytoplankton will result in the loss
of about 0.7 kg to 42.9 kg of
zooplankton, less than 0.1 kg to 4.3 kg
of small planktivorous fish, and up to
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0.4 kg of large piscivorous fish
(approximately equivalent to a single 1pound striped bass). Relative to the
biomass of these trophic levels in the
project area, this biomass loss is minor
and consistent with the findings in the
final EIS/EIR.
In addition, zooplankton losses will
also increase proportionally to the
increase in water withdrawn. The final
EIS/EIR used densities of zooplankton
determined by the sampling conducted
by the Massachusetts Water Resource
Authority (MWRA) to characterize the
area around its offshore outfall and
assumed a mean zooplankton density of
34.9 × 103 organisms per m3. Applying
this density, the water withdrawal
volume under the proposed activity
would result in the entrainment of 2.2
× 1010 zooplankton individuals per trip
or 1.5 × 1012 individuals per year.
Assuming an average biomass of 0.63 ×
10¥6 g per individual, this would result
in the loss of 14.1 kg of zooplankton per
shipment or 916.5 kg of zooplankton per
year. As discussed for phytoplankton,
biomass transfers from one trophic level
to the next at a rate of about 10 percent.
Therefore, this entrainment of
zooplankton would result in loss of
about 91.6 kg of planktivorous fish and
9.2 kg of large piscivorous fish
(approximately equivalent to two 9pound striped bass). These losses are
minor relative to the total biomass of
these trophic levels in Massachusetts
Bay.
Finally, ichthyoplankton (fish eggs
and larvae) losses and equivalent age
one juvenile fish estimates under the
proposed activity were made based on
actual monthly ichthyoplankton data
collected in the port area from October
2005 through December 2009 and the
proposed activity withdrawal volume of
11 billion gallons per year evenly
distributed among months (0.92 billion
gallons per month) as a worst-case
scenario, representing the maximum
number of Port deliveries during any
given month. Similarly, the lower,
upper, and mean annual entrainment
estimates are based on the lower and
upper 95 percent confidence limits, of
the monthly mean ichthyoplankton
densities, and the monthly mean
estimates multiplied by the monthly
withdrawal rate of 0.92 billion gallons
per month. At this withdrawal rate
approximately 106 million eggs and 67
million larvae are estimated to be lost
(see Table 4.2–2 of the IHA application).
The most abundant species and life
stages estimated to be entrained under
the proposed activity are cunner post
yolk-sac larvae (33.3 million), yellowtail
flounder/Labridae eggs (27.4 million)
and hake species eggs (18.7 million).
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Together, these species and life stages
accounted for approximately 46 percent
of the total entrainment estimated.
Entrainment was estimated to be highest
in June through July when 97.4 million
eggs and larvae (approximately 57
percent of the annual total) were
estimated to be entrained. Nevertheless,
since the demand for natural gas and
corresponding Port activities will likely
be greatest during the winter heating
season (November through March) when
impacts from entrainment will likely be
lower.
These estimated losses are not
significant given the very high natural
mortality of ichthyoplankton. This
comparison was done in the final EIS/
EIR where ichthyoplankton losses based
on historic regional ichthyoplankton
densities and a withdrawal rate of
approximately 2.6 billion gallons per
year were represented by the equivalent
number of age one fish. Under the final
EIS/EIR withdrawal scenario, equivalent
age one losses due to entrainment
ranged from 1 haddock to 43,431 sand
lance (Tetra Tech 2010). Equivalent age
one losses under the conditions when
no NEG Port operation occurrence were
recalculated using Northeast Gateway
monitoring data in order to facilitate
comparisons between the permitted
scenario. Using Northeast Gateway
monitoring data, withdrawal of 2.6
billion gallons per year would result in
equivalent age one losses ranging from
less than 1 haddock to 5,602 American
sand lance. By comparison, equivalent
age one losses under the proposed
activity withdrawal rate of 11 billion
gallons per year ranged from less than
1 haddock to 23,701 sand lance and
were generally similar to or less than
those in the final EIS/EIR. Substantially
more equivalent age one Atlantic
herring, pollock, and butterfish were
estimated to be lost under the final EIS/
EIR at a withdrawal rate of 2.6 billion
gallons per year, while substantially
more equivalent age one Atlantic cod,
silver hake and hake species, cunner,
and Atlantic mackerel are estimated to
be lost under the proposed activity.
Although no reliable annual food
consumption rates of baleen whales are
available for comparison, based on the
calculated quantities of phytoplankton,
zooplankton, and ichthyoplankton
removal analyzed above, it is reasonable
to conclude that baleen whale predation
rates would dwarf any reasonable
estimates of prey removals by NEG Port
operations. Therefore, NMFS believes
that the prey removals by NEG Port
operations resulting from water usage
will have negligible impacts on marine
mammal habitat.
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69057
NEG Port Maintenance
As stated earlier, NEG LNG Port will
require scheduled maintenance
inspections using either divers or ROVs.
The duration of these inspections are
not anticipated to be more than two
8-hour working days. An EBRV will not
be required to support these annual
inspections. Water usage during the
LNG Port maintenance would be limited
to the standard requirements of NEG’s
normal support vessel. As with all
vessels operating in Massachusetts Bay,
sea water uptake and discharge is
required to support engine cooling,
typically using a once-through system.
The rate of seawater uptake varies with
the ship’s horsepower and activity and
therefore will differ between vessels and
activity type. For example, the Gateway
Endeavor is a 90-foot vessel powered
with a 1,200 horsepower diesel engine
with a four-pump seawater cooling
system. This system requires seawater
intake of about 68 gallons per minute
(gpm) while idling and up to about 150
gpm at full power. Use of full power is
required generally for transit. A
conservatively high estimate of vessel
activity for the Gateway Endeavor
would be operation at idle for 75
percent of the time and full power for
25 percent of the time. During the
routine activities this would equate to
approximately 42,480 gallons of
seawater per 8-hour work day. When
compared to the engine cooling
requirements of an EBRV over an 8-hour
period (approximately 18 million
gallons), the Gateway Endeavour uses
about 0.2 percent of the EBRV
requirement. To put this water use into
context, potential effects from the
waters-use scenario of 56 mgd have
been concluded to be orders of
magnitude less than the natural
fluctuations of Massachusetts Bay and
Cape Cod Bay and not detectable. Water
use by support vessels during routine
port activities would not materially add
to the overall impacts.
Certain maintenance and repair
activities may also require the presence
of an EBRV at the Port. Such instances
may include maintenance and repair on
the STL Buoy, vessel commissioning,
and any onboard equipment
malfunction or failure occurring while a
vessel is present for cargo delivery.
Because the requested water-use
scenario allows for daily water use of up
to 56 mgd to support standard EBRV
requirements when not operating in the
HRS mode, vessels would be able to
remain at the Port as necessary to
support all such maintenance and repair
scenarios. Therefore, NMFS considers
that NEG Port maintenance and repair
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would have negligible impacts to
marine mammal habitat in the proposed
activity area.
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Unanticipated Algonquin Pipeline
Lateral Maintenance and Repair
As stated earlier, proper care and
maintenance of the Algonquin Pipeline
Lateral should minimize the likelihood
of an unanticipated maintenance and/or
repair event; however, unanticipated
activities may occur from time to time
if facility components become damaged
or malfunction. Unanticipated repairs
may range from relatively minor
activities requiring minimal equipment
and one or two diver/ROV support
vessels to major activities requiring
larger construction-type vessels similar
to those used to support the
construction and installation of the
facility.
Major repair activities, although
unlikely, may include repairing or
replacement of pipeline manifolds or a
sections of the Pipeline Lateral. This
type of work would likely require the
use of large specialty construction
vessels such as those used during the
construction and installation of the NEG
Port and Algonquin Pipeline Lateral.
The duration of a major unplanned
activity would depend upon the type of
repair work involved and would require
careful planning and coordination.
Turbidity would likely be a potential
effect of Algonquin Pipeline Lateral
maintenance and repair activities on
listed species. In addition, the possible
removal of benthic or planktonic
species, resulting from relatively minor
construction vessel water use
requirements, as measured in
comparison to EBRV water use, is
unlikely to affect in a measurable way
the food sources available to marine
mammals. Therefore, NMFS considers
that Algonquin Pipeline Lateral
maintenance and repair would have
negligible impacts to marine mammal
habitat in the proposed activity area.
Proposed Mitigation Measures
In order to issue an incidental take
authorization under Section 101(a)(5)(D)
of the MMPA, NMFS must set forth the
permissible methods of taking pursuant
to such activity, and other means of
effecting the least practicable adverse
impact on such species or stock and its
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stock for
taking for certain subsistence uses.
For the proposed NEG LNG Port
operations and maintenance and repair
activities, Excelerate and Tetra Tech
worked with NMFS and proposed the
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following mitigation measures to
minimize the potential impacts to
marine mammals in the project vicinity
as a result of the LNG Port and
Algonquin Pipeline Lateral operations
and maintenance and repair activities.
The primary purpose of these proposed
mitigation measures is to ensure that no
marine mammal would be injured or
killed by vessels transiting the LNG Port
facility, and to minimize the intensity of
noise exposure of marine mammals in
the activity area. For the proposed NEG
Port and Algonquin Pipeline Lateral
operations and maintenance and repair,
the following mitigation measures are
proposed.
(a) General Marine Mammal Avoidance
Measures
(i) All vessels shall utilize the
International Maritime Organization
(IMO)-approved Boston Traffic
Separation Scheme (TSS) on their
approach to and departure from the
NEG Port and/or the repair/maintenance
area at the earliest practicable point of
transit in order to avoid the risk of
whale strikes.
(ii) Upon entering the TSS and areas
where North Atlantic right whales are
known to occur, including the Great
South Channel Seasonal Management
Area (GSC–SMA) and the SBNMS, the
EBRV shall go into ‘‘Heightened
Awareness’’ as described below.
(A) Prior to entering and navigating
the modified TSS the Master of the
vessel shall:
(I) Consult Navigational Telex
(NAVTEX), NOAA Weather Radio, the
NOAA Right Whale Sighting Advisory
System (SAS) or other means to obtain
current right whale sighting information
as well as the most recent Cornell
acoustic monitoring buoy data for the
potential presence of marine mammals;
(II) Post a look-out to visually monitor
for the presence of marine mammals;
(III) Provide the US Coast Guard
(USCG) required 96-hour notification of
an arriving EBRV to allow the NEG Port
Manager to notify Cornell of vessel
arrival.
(B) The look-out shall concentrate his/
her observation efforts within the 2-mile
radius zone of influence (ZOI) from the
maneuvering EBRV.
(C) If marine mammal detection was
reported by NAVTEX, NOAA Weather
Radio, SAS and/or an acoustic
monitoring buoy, the look-out shall
concentrate visual monitoring efforts
towards the areas of the most recent
detection.
(D) If the look-out (or any other
member of the crew) visually detects a
marine mammal within the 2-mile
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radius ZOI of a maneuvering EBRV, he/
she will take the following actions:
(I) The Officer-of-the-Watch shall be
notified immediately; who shall then
relay the sighting information to the
Master of the vessel to ensure action(s)
can be taken to avoid physical contact
with marine mammals.
(II) The sighting shall be recorded in
the sighting log by the designated lookout.
(iii) In accordance with 50 CFR
224.103(c), all vessels associated with
NEG Port and Pipeline Lateral activities
shall not approach closer than 500 yards
(460 m) to a North Atlantic right whale
and 100 yards (91 m) to other whales to
the extent physically feasible given
navigational constraints. In addition,
when approaching and departing the
project area, vessels shall be operated so
as to remain at least 1 km away from
any visually-detected North Atlantic
right whales.
(iv) In response to active right whale
sightings and active acoustic detections,
and taking into account exceptional
circumstances, EBRVs, repair and
maintenance vessels shall take
appropriate actions to minimize the risk
of striking whales. Specifically vessels
shall:
(A) Respond to active right whale
sightings and/or DMAs reported on the
Mandatory Ship Reporting (MSR) or
SAS by concentrating monitoring efforts
towards the area of most recent
detection and reducing speed to 10
knots or less if the vessel is within the
boundaries of a DMA (50 CFR 224.105)
or within the circular area centered on
an area 8 nm in radius from a sighting
location;
(B) Respond to active acoustic
detections by concentrating monitoring
efforts towards the area of most recent
detection and reducing speed to 10
knots or less within an area 5 nm in
radius centered on the detecting AB;
and
(C) Respond to additional sightings
made by the designated look-outs
within a 2-mile radius of the vessel by
slowing the vessel to 10 knots or less
and concentrating monitoring efforts
towards the area of most recent sighting.
(v) All vessels operated under NEG
and Algonquin must follow the
established specific speed restrictions
when calling at the NEG Port. The
specific speed restrictions required for
all vessels (i.e., EBRVs and vessels
associated with maintenance and repair)
consist of the following:
(A) Vessels shall reduce their
maximum transit speed while in the
TSS from 12 knots or less to 10 knots
or less from March 1 to April 30 in all
waters bounded by straight lines
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connecting the following points in the
order stated below unless an emergency
situation dictates for an alternate speed.
This area shall hereafter be referred to
as the Off Race Point Seasonal
Management Area (ORP–SMA) and
tracks NMFS regulations at 50 CFR
224.105:
42°30′ N 70°30′ W 41°40′ N 69°57′ W
42°30′ N 69°45′ W 42°12′ N 70°15′ W
41°40’ N 69°45′ W 42°12′ N 70°30′ W
42°04.8′ N 70°10′ W 42°30′ N 70°30′ W
(B) Vessels shall reduce their
maximum transit speed while in the
TSS to 10 knots or less unless an
emergency situation dictates for an
alternate speed from April 1 to July 31
in all waters bounded by straight lines
connecting the following points in the
order stated below. This area shall
hereafter be referred to as the GSC–SMA
and tracks NMFS regulations at 50 CFR
224.105:
42°30′ N 69°45′ W 41°40′ N 69°45′ W
42°30′ N 67°27′ W 42°30′ N 69°45′ W
42°09′ N 67°08.4′ W 41°00′ N 69°05′ W
(C) Vessels are not expected to transit
the Cape Cod Bay or the Cape Cod
Canal; however, in the event that transit
through the Cape Cod Bay or the Cape
Cod Canal is required, vessels shall
reduce maximum transit speed to 10
knots or less from January 1 to May 15
in all waters in Cape Cod Bay, extending
to all shorelines of Cape Cod Bay, with
a northern boundary of 42°12′ N latitude
and the Cape Cod Canal. This area shall
hereafter be referred to as the Cape Cod
Bay Seasonal Management Area (CCB–
SMA).
(D) All Vessels transiting to and from
the project area shall report their
activities to the mandatory reporting
Section of the USCG to remain apprised
of North Atlantic right whale
movements within the area. All vessels
entering and exiting the MSRA shall
report their activities to
WHALESNORTH. Vessel operators shall
contact the USCG by standard
procedures promulgated through the
Notice to Mariner system.
(E) All Vessels greater than or equal
to 300 gross tons (GT) shall maintain a
speed of 10 knots or less, unless an
emergency situation requires speeds
greater than 10 knots.
(F) All Vessels less than 300 GT
traveling between the shore and the
project area that are not generally
restricted to 10 knots will contact the
Mandatory Ship Reporting (MSR)
system, the USCG, or the project site
before leaving shore for reports of active
DMAs and/or recent right whale
sightings and, consistent with
navigation safety, restrict speeds to 10
knots or less within 5 miles (8
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kilometers) of any sighting location,
when traveling in any of the seasonal
management areas (SMAs) or when
traveling in any active dynamic
management area (DMA).
(b) NEG Port-Specific Operations
(i) In addition to the general marine
mammal avoidance requirements
identified in (5)(a) above, vessels calling
on the NEG Port must comply with the
following additional requirements:
(A) EBRVs shall travel at 10 knots
maximum speed when transiting to/
from the TSS or to/from the NEG Port/
Pipeline Lateral area. For EBRVs, at 1.86
miles (3 km) from the NEG Port, speed
will be reduced to 3 knots and to less
than 1 knot at 1,640 ft (500 m) from the
NEG buoys, unless an emergency
situation dictates the need for an
alternate speed.
(B) EBRVs that are approaching or
departing from the NEG Port and are
within the ATBA5 surrounding the NEG
Port, shall remain at least 1 km away
from any visually-detected North
Atlantic right whale and at least 100
yards (91 m) away from all other
visually-detected whales unless an
emergency situation requires that the
vessel stay its course. During EBRV
maneuvering, the Vessel Master shall
designate at least one look-out to be
exclusively and continuously
monitoring for the presence of marine
mammals at all times while the EBRV is
approaching or departing from the NEG
Port.
(C) During NEG Port operations, in the
event that a whale is visually observed
within 1 km of the NEG Port or a
confirmed acoustic detection is reported
on either of the two ABs closest to the
NEG Port (western-most in the TSS
array), departing EBRVs shall delay
their departure from the NEG Port,
unless an emergency situation requires
that departure is not delayed. This
departure delay shall continue until
either the observed whale has been
visually (during daylight hours)
confirmed as more than 1 km from the
NEG Port or 30 minutes have passed
without another confirmed detection
either acoustically within the acoustic
detection range of the two ABs closest
to the NEG Port, or visually within 1 km
from the NEG Port.
(ii) Vessel captains shall focus on
reducing dynamic positioning (DP)
thruster power to the maximum extent
practicable, taking into account vessel
and Port safety, during the operation
activities. Vessel captains will shut
down thrusters whenever they are not
needed.
(c) Planned and Unplanned
Maintenance and Repair Activities
(i) NEG Port
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69059
(A) The Northeast Gateway shall
conduct empirical source level
measurements on all noise emitting
construction equipment and all vessels
that are involved in maintenance/repair
work.
(B) If dynamic positioning (DP)
systems are employed and/or activities
will emit noise with a source level of
139 dB re 1 mPa at 1 m or greater,
activities shall be conducted in
accordance with the requirements for
DP systems listed in (b)(ii) above.
(C) Northeast Gateway shall provide
the NMFS Headquarters Office of the
Protected Resources, NMFS Northeast
Region Ship Strike Coordinator, and
SBNMS with a minimum of 30 days
notice prior to any planned repair and/
or maintenance activity. For any
unplanned/emergency repair/
maintenance activity, Northeast
Gateway shall notify the agencies as
soon as it determines that repair work
must be conducted. Northeast Gateway
shall continue to keep the agencies
apprised of repair work plans as further
details (e.g., the time, location, and
nature of the repair) become available.
A final notification shall be provided to
agencies 72 hours prior to crews being
deployed into the field.
(ii) Pipeline Lateral
(A) Pipeline maintenance/repair
vessels less than 300 GT traveling
between the shore and the maintenance/
repair area that are not generally
restricted to 10 knots shall contact the
MSR system, the USCG, or the project
site before leaving shore for reports of
active DMAs and/or recent right whale
sightings and, consistent with
navigation safety, restrict speeds to 10
knots or less within 5 miles (8 km) of
any sighting location, when travelling in
any of the seasonal management areas
(SMAs) as defined above.
(B) Maintenance/repair vessels greater
than 300 GT shall not exceed 10 knots,
unless an emergency situation that
requires speeds greater than 10 knots.
(C) Planned maintenance and repair
activities shall be restricted to the
period between May 1 and November
30.
(D) Unplanned/emergency
maintenance and repair activities shall
be conducted utilizing anchor-moored
dive vessel whenever operationally
possible.
(E) Algonquin shall also provide the
NMFS Office of the Protected Resources,
NMFS Northeast Region Ship Strike
Coordinator, and Stellwagen Bank
National Marine Sanctuary (SBNMS)
with a minimum of 30-day notice prior
to any planned repair and/or
maintenance activity. For any
unplanned/emergency repair/
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maintenance activity, Northeast
Gateway shall notify the agencies as
soon as it determines that repair work
must be conducted. Algonquin shall
continue to keep the agencies apprised
of repair work plans as further details
(e.g., the time, location, and nature of
the repair) become available. A final
notification shall be provided to
agencies 72 hours prior to crews being
deployed into the field.
(F) If dynamic positioning (DP)
systems are to be employed and/or
activities will emit noise with a source
level of 139 dB re 1 mPa at 1 m or
greater, activities shall be conducted in
accordance with the requirements for
DP systems listed in (b)(ii) above.
(G) In the event that a whale is
visually observed within 0.5 mile (0.8
kilometers) of a repair or maintenance
vessel, the vessel superintendent or ondeck supervisor shall be notified
immediately. The vessel’s crew shall be
put on a heightened state of alert and
the marine mammal shall be monitored
constantly to determine if it is moving
toward the repair or maintenance area.
(H) Repair/maintenance vessel(s)
must cease any movement and/or cease
all activities that emit noises with
source level of 139 dB re 1 mPa @ 1 m
or higher when a right whale is sighted
within or approaching at 500 yd (457 m)
from the vessel. Repair and maintenance
work may resume after the marine
mammal is positively reconfirmed
outside the established zones (500 yd
[457 m]) or 30 minutes have passed
without a redetection. Any vessels
transiting the maintenance area, such as
barges or tugs, must also maintain these
separation distances.
(I) Repair/maintenance vessel(s) must
cease any movement and/or cease all
activities that emit noises with source
level of 139 dB re 1 mPa @ 1 m or higher
when a marine mammal other than a
right whale is sighted within or
approaching at 100 yd (91 m) from the
vessel. Repair and maintenance work
may resume after the marine mammal is
positively reconfirmed outside the
established zones (100 yd [91 m]) or 30
minutes have passed without a
redetection. Any vessels transiting the
maintenance area, such as barges or
tugs, must also maintain these
separation distances.
(J) Algonquin and associated
contractors shall also comply with the
following:
(I) Operations involving equipment
with sound source levels exceeding 139
dB re 1mPa @ 1 m shall ‘‘ramp-up’’
sound sources, allowing whales a
chance to leave the area before sounds
reach maximum levels. In addition,
Northeast Gateway, Algonquin, and
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other associated contractors shall
maintain equipment to manufacturers’
specifications, including any soundmuffling devices or engine covers in
order to minimize noise effects. Noisy
construction equipment shall only be
used as needed and equipment shall be
turned off when not in operation.
(II) Any material that has the potential
to entangle marine mammals (e.g.,
anchor lines, cables, rope or other
construction debris) shall only be
deployed as needed and measures shall
be taken to minimize the chance of
entanglement.
(III) For any material mentioned above
that has the potential to entangle marine
mammals, such material shall be
removed from the water immediately
unless such action jeopardizes the safety
of the vessel and crew as determined by
the Captain of the vessel.
(IV) In the event that a marine
mammal becomes entangled, the marine
mammal coordinator and/or PSO will
notify NMFS (if outside the SBNMS),
and SBNMS staff (if inside the SBNMS)
immediately so that a rescue effort may
be initiated.
(K) All maintenance/repair activities
shall be scheduled to occur between
May 1 and November 30; however, in
the event of unplanned/emergency
repair work that cannot be scheduled
during the preferred May through
November work window, the following
additional measures shall be followed
for Pipeline Lateral maintenance and
repair related activities between
December and April:
(I) Between December 1 and April 30,
if on-board PSOs do not have at least
0.5-mile visibility, they shall call for a
shutdown. At the time of shutdown, the
use of thrusters must be minimized. If
there are potential safety problems due
to the shutdown, the captain will decide
what operations can safely be shut
down.
(II) Prior to leaving the dock to begin
transit, the barge shall contact one of the
PSOs on watch to receive an update of
sightings within the visual observation
area. If the PSO has observed a North
Atlantic right whale within 30 minutes
of the transit start, the vessel shall hold
for 30 minutes and again get a clearance
to leave from the PSOs on board. PSOs
shall assess whale activity and visual
observation ability at the time of the
transit request to clear the barge for
release.
(III) Transit route, destination, sea
conditions and any marine mammal
sightings/mitigation actions during
watch shall be recorded in the log book.
Any whale sightings within 1,000 m of
the vessel shall result in a high alert and
slow speed of 4 knots or less and a
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sighting within 750 m shall result in
idle speed and/or ceasing all movement.
(IV) The material barges and tugs used
in repair and maintenance shall transit
from the operations dock to the work
sites during daylight hours when
possible provided the safety of the
vessels is not compromised. Should
transit at night be required, the
maximum speed of the tug shall be 5
knots.
(V) All repair vessels must maintain a
speed of 10 knots or less during daylight
hours. All vessels shall operate at 5
knots or less at all times within 5 km of
the repair area.
(d) Acoustic Monitoring Related
Activities
(i) Vessels associated with
maintaining the acoustic seafloor array
of Marine Autonomous Recording Units
(MARUs) and the AB network operating
as part of the mitigation/monitoring
protocols shall adhere to the following
speed restrictions and marine mammal
monitoring requirements.
(A) Vessels maintaining the MARU
array that are greater than 300 gross tons
(GT) shall not exceed 10 knots.
(B) Vessels maintaining the MARU
array that are less than 300 GT shall not
exceed 15 knots at any time, but shall
adhere to speeds of 10 knots or less in
the following areas and seasons:
(I) In the ORP–SMA between March 1
and April 30; and
(II) In the CCB–SMA between January
1 and May 15.
(C) In accordance with 50 CFR
224.103 (c), all vessels associated with
NEG Port activities shall not approach
closer than 500 yards (460 meters) to a
North Atlantic right whale.
(D) All vessels shall obtain the latest
DMA or right whale sighting
information via the NAVTEX, MSR,
SAS, NOAA Weather Radio, or other
available means prior to operations to
determine if there are right whales
present in the operational area.
Mitigation Conclusions
NMFS has carefully evaluated the
proposed mitigation measures in the
context of ensuring that NMFS
prescribes the means of effecting the
least practicable impact on the affected
marine mammal species and stocks and
their habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
another:
• The manner in which, and the
degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals;
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• The proven or likely efficacy of the
specific measure to minimize adverse
impacts as planned; and
• The practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s proposed measures, NMFS
has preliminarily determined that the
proposed mitigation measures provide
the means of effecting the least
practicable impact on marine mammal
species or stocks and their habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance.
Proposed Monitoring and Reporting
Measures
In order to issue an ITA for an
activity, Section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
‘‘requirements pertaining to the
monitoring and reporting of such
taking.’’ The MMPA implementing
regulations at 50 CFR 216.104(a)(13)
indicate that requests for ITAs must
include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present in the proposed
action area.
Proposed Monitoring Measures
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(a) Vessel-Based Visual Monitoring
(i) Vessel-Based monitoring for
marine mammals shall be done by
trained look-outs during NEG LNG Port
and Pipeline Lateral operations and
maintenance and repair activities. The
observers shall monitor the occurrence
of marine mammals near the vessels
during LNG Port and Pipeline Lateral
related activities. Lookout duties
include watching for and identifying
marine mammals; recording their
numbers, distances, and reactions to the
activities; and documenting ‘‘take by
harassment’’.
(ii) The vessel look-outs assigned to
visually monitor for the presence of
marine mammals and shall be provided
with the following:
(A) Recent NAVTEX, NOAA Weather
Radio, SAS and/or acoustic monitoring
buoy detection data;
(B) Binoculars to support
observations;
(C) Marine mammal detection guide
sheets; and
(D) Sighting log.
(b) NEG LNG Port Operations
(i) All individuals onboard the EBRVs
responsible for the navigation duties
and any other personnel that could be
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assigned to monitor for marine
mammals shall receive training on
marine mammal sighting/reporting and
vessel strike avoidance measures.
(ii) While an EBRV is navigating
within the designated TSS, there shall
be three people with look-out duties on
or near the bridge of the ship including
the Master, the Officer-of-the-Watch and
the Helmsman-on-watch. In addition to
the standard watch procedures, while
the EBRV is transiting within the
designated TSS, maneuvering within
the Area to be Avoided (ATBA), and/or
while actively engaging in the use of
thrusters, an additional look-out shall be
designated to exclusively and
continuously monitor for marine
mammals.
(iii) All sightings of marine mammals
by the designated look-out, individuals
posted to navigational look-out duties
and/or any other crew member while
the EBRV is transiting within the TSS,
maneuvering within the ATBA and/or
when actively engaging in the use of
thrusters, shall be immediately reported
to the Officer-of-the-Watch who shall
then alert the Master. The Master or
Officer-of-the-Watch shall ensure the
required reporting procedures are
followed and the designated marine
mammal look-out records all pertinent
information relevant to the sighting.
(iv) Visual sightings made by lookouts from the EBRVs shall be recorded
using a standard sighting log form.
Estimated locations shall be reported for
each individual and/or group of
individuals categorized by species when
known. This data shall be entered into
a database and a summary of monthly
sighting activity shall be provided to
NMFS. Estimates of take and copies of
these log sheets shall also be included
in the reports to NMFS.
(c) Planned and Unplanned
Maintenance and Repair
(i) Two (2) qualified and NMFSapproved protected species observers
(PSOs) shall be assigned to each vessel
that will use dynamic positioning (DP)
systems during maintenance and repair
related activities. PSOs shall operate
individually in designated shifts to
accommodate adequate rest schedules.
Additional PSOs shall be assigned to
additional vessels if auto-detection buoy
(AB) data indicates that sound levels
exceed 120 dB re 1 mPa, further then 100
meters (328 feet) from these vessels.
(ii) All PSOs shall receive NMFSapproved marine mammal observer
training and be approved in advance by
NMFS after review of their resume. All
PSOs shall have direct field experience
on marine mammal vessels and/or aerial
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69061
surveys in the Atlantic Ocean/Gulf of
Mexico.
(iii) PSOs (one primary and one
secondary) shall be responsible for
visually locating marine mammals at the
ocean’s surface and, to the extent
possible, identifying the species. The
primary PSO shall act as the
identification specialist and the
secondary PSO will serve as data
recorder and also assist with
identification. Both PSOs shall have
responsibility for monitoring for the
presence of marine mammals and sea
turtles. Specifically PSO’s shall:
(A) Monitor at all hours of the day,
scanning the ocean surface by eye for a
minimum of 40 minutes every hour.
(B) Monitor the area where
maintenance and repair work is
conducted beginning at daybreak using
25x power binoculars and/or hand-held
binoculars. Night vision devices must be
provided as standard equipment for
monitoring during low-light hours and
at night.
(C) Conduct general 360° visual
monitoring during any given watch
period and target scanning by the
observer shall occur when alerted of a
whale presence.
(D) Alert the vessel superintendent or
construction crew supervisor of visual
detections within 2 miles (3.31
kilometers) immediately.
(E) Record all sightings on marine
mammal field sighting logs.
Specifically, all data shall be entered at
the time of observation, notes of
activities will be kept, and a daily report
prepared and attached to the daily field
sighting log form. The basic reporting
requirements include the following:
• Beaufort sea state;
• Wind speed;
• Wind direction;
• Temperature;
• Precipitation;
• Glare;
• Percent cloud cover;
• Number of animals;
• Species;
• Position;
• Distance;
• Behavior;
• Direction of movement; and
• Apparent reaction to construction
activity.
(iv) In the event that a whale is
visually observed within the 2-mile
(3.31-kilometers) zone of influence
(ZOI) of a DP vessel or other
construction vessel that has shown to
emit noise with source level in excess
of 139 dB re 1 mPa @ 1 m, the PSO will
notify the repair/maintenance
construction crew to minimize the use
of thrusters until the animal has moved
away, unless there are divers in the
water or an ROV is deployed.
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(d) Acoustic Monitoring
(i) Northeast Gateway shall monitor
the noise environment in Massachusetts
Bay in the vicinity of the NEG Port and
Pipeline Lateral using an array of 19
MARUs that were deployed initially in
April 2007 to collect data during NEG
LNG Port and Pipeline Lateral related
activities.
(ii) The acoustic data collected by the
MARUs shall be analyzed to document
the seasonal occurrences and overall
distributions of whales (primarily fin,
humpback and right whales) within
approximately 10 nm of the NEG Port
and shall measure and document the
noise ‘‘budget’’ of Massachusetts Bay so
as to eventually assist in determining
whether or not an overall increase in
noise in the Bay associated with the
Project might be having a potentially
negative impact on marine mammals.
(iii) In addition to the 19 MARUs,
Northeast Gateway shall deploy 10 ABs
within the Separation Zone of the TSS
for the operational life of the Project.
(iv) The ABs shall be used to detect
a calling North Atlantic right whale an
average of 5 nm from each AB. The AB
system shall be the primary detection
mechanism that alerts the EBRV Master
to the occurrence of right whales,
heightens EBRV awareness, and triggers
necessary mitigation actions as
described in section (5) above.
mstockstill on DSK4VPTVN1PROD with NOTICES
(e) Acoustic Whale Detection and
Response Plan
(i) NEG Port Operations
(A) Ten (10) ABs that have been
deployed since 2007 shall be used to
continuously screen the low-frequency
acoustic environment (less than 1,000
Hertz) for right whale contact calls
occurring within an approximately 5nm radius from each buoy (the AB’s
detection range).
(B) Once a confirmed detection is
made, the Master of any EBRVs
operating in the area will be alerted
immediately.
(ii) NEG Port and Pipeline Lateral
Planned and Unplanned/Emergency
Repair and Maintenance Activities
(A) If the repair/maintenance work is
located outside of the detectible range of
the 10 project area ABs, Northeast
Gateway and Algonquin shall consult
with NOAA (NMFS and SBNMS) to
determine if the work to be conducted
warrants the temporary installation of
an additional AB(s) to help detect and
provide early warnings for potential
occurrence of right whales in the
vicinity of the repair area.
(B) The number of ABs installed
around the activity site shall be
commensurate with the type and spatial
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extent of maintenance/repair work
required, but must be sufficient to detect
vocalizing right whales within the 120dB impact zone.
(C) Should acoustic monitoring be
deemed necessary during a planned or
unplanned/emergency repair and/or
maintenance event, active monitoring
for right whale calls shall begin 24
hours prior to the start of activities.
(D) Source level data from the
acoustic recording units deployed in the
NEG Port and/or Pipeline Lateral
maintenance and repair area shall be
provided to NMFS.
Proposed Reporting Measures
(a) Throughout NEG Port and Pipeline
Lateral operations, Northeast Gateway
and Algonquin shall provide a monthly
Monitoring Report. The Monitoring
Report shall include:
(i) Both copies of the raw visual EBRV
lookout sighting information of marine
mammals that occurred within 2 miles
of the EBRV while the vessel transits
within the TSS, maneuvers within the
ATBA, and/or when actively engaging
in the use of thrusters, and a summary
of the data collected by the look-outs
over each reporting period.
(ii) Copies of the raw PSO sightings
information on marine mammals
gathered during pipeline repair or
maintenance activities. This visual
sighting data shall then be correlated to
periods of thruster activity to provide
estimates of marine mammal takes (per
species/species class) that took place
during each reporting period.
(iii) Conclusion of any planned or
unplanned/emergency repair and/or
maintenance period, a report shall be
submitted to NMFS summarizing the
repair/maintenance activities, marine
mammal sightings (both visual and
acoustic), empirical source-level
measurements taken during the repair
work, and any mitigation measures
taken.
(b) During the maintenance and repair
of NEG Port components, weekly status
reports shall be provided to NOAA
(both NMFS and SBNMS) using
standardized reporting forms. The
weekly reports shall include data
collected for each distinct marine
mammal species observed in the repair/
maintenance area during the period that
maintenance and repair activities were
taking place. The weekly reports shall
include the following information:
(i) Location (in longitude and latitude
coordinates), time, and the nature of the
maintenance and repair activities;
(ii) Indication of whether a DP system
was operated, and if so, the number of
thrusters being used and the time and
duration of DP operation;
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(iii) Marine mammals observed in the
area (number, species, age group, and
initial behavior);
(iv) The distance of observed marine
mammals from the maintenance and
repair activities;
(v) Changes, if any, in marine
mammal behaviors during the
observation;
(vi) A description of any mitigation
measures (power-down, shutdown, etc.)
implemented;
(vii) Weather condition (Beaufort sea
state, wind speed, wind direction,
ambient temperature, precipitation, and
percent cloud cover etc.);
(viii) Condition of the observation
(visibility and glare); and
(ix) Details of passive acoustic
detections and any action taken in
response to those detections.
(d) Injured/Dead Protected Species
Reporting
(i) In the unanticipated event that
survey operations clearly cause the take
of a marine mammal in a manner
prohibited by the proposed IHA, such as
an injury (Level A harassment), serious
injury or mortality (e.g., ship-strike, gear
interaction, and/or entanglement), NEG
and/or Algonquin shall immediately
cease activities and immediately report
the incident to the Supervisor of the
Incidental Take Program, Permits and
Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the
Northeast Regional Stranding
Coordinators (Mendy.Garron@noaa.gov
or Lanni.Hall@noaa.gov) or by phone at
978–281–9300. The report must include
the following information:
(A) time, date, and location (latitude/
longitude) of the incident;
(B) the name and type of vessel
involved;
(C) the vessel’s speed during and
leading up to the incident;
(D) description of the incident;
(E) status of all sound source use in
the 24 hours preceding the incident;
(F) water depth;
(G) environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
(H) description of marine mammal
observations in the 24 hours preceding
the incident;
(I) species identification or
description of the animal(s) involved;
(J) the fate of the animal(s); and
(K) photographs or video footage of
the animal (if equipment is available).
Activities shall not resume until
NMFS is able to review the
circumstances of the prohibited take.
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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Notices
NMFS shall work with NEG and/or
Algonquin to determine what is
necessary to minimize the likelihood of
further prohibited take and ensure
MMPA compliance. NEG and/or
Algonquin may not resume their
activities until notified by NMFS via
letter, email, or telephone.
(ii) In the event that NEG and/or
Algonquin discovers an injured or dead
marine mammal, and the lead PSO
determines that the cause of the injury
or death is unknown and the death is
relatively recent (i.e., in less than a
moderate state of decomposition as
described in the next paragraph), NEG
and/or Algonquin will immediately
report the incident to the Supervisor of
the Incidental Take Program, Permits
and Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401, and/or by email to
Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the NMFS
Northeast Stranding Coordinators
(Mendy.Garron@noaa.gov or
Lanni.Hall@noaa.gov) or by phone at
978–281–9300, within 24 hours of the
discovery. The report must include the
same information identified above.
Activities may continue while NMFS
reviews the circumstances of the
incident. NMFS will work with NEG
and/or Algonquin to determine whether
modifications in the activities are
appropriate.
(iii) In the event that NEG or
Algonquin discovers an injured or dead
marine mammal, and the lead PSO
determines that the injury or death is
not associated with or related to the
activities authorized (if the IHA is
issued) (e.g., previously wounded
animal, carcass with moderate to
advanced decomposition, or scavenger
damage), NEG and/or Algonquin shall
report the incident to the Supervisor of
the Incidental Take Program, Permits
and Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401, and/or by email to
Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the NMFS
Northeast Stranding Coordinators
(Mendy.Garron@noaa.gov or
Lanni.Hall@noaa.gov) or by phone at
978–281–9300, within 24 hours of the
discovery. NEG and/or Algonquin shall
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
NEG and/or Algonquin can continue its
operations under such a case.
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Summary of Previous Monitoring
Reports
Based on monthly activity reports
submitted to NMFS for the period
between August 2010 and October 2013,
there were no activities at the NEG Port
during the period. Therefore, no take of
marine mammals occurred or were
reported during this period.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [Level B
harassment]. Only take by Level B
harassment is anticipated as a result of
NEG’s operation and maintenance and
repair activities. Anticipated take of
marine mammals is associated with
operation of dynamic positioning during
the docking of the LNG vessels and
positioning of maintenance and dive
vessels, and by operations of certain
machinery during maintenance and
repair activities. The regasification
process itself is an activity that does not
rise to the level of taking, as the
modeled source level for this activity is
108 dB. Certain species may have a
behavioral reaction to the sound emitted
during the activities. Hearing
impairment is not anticipated.
Additionally, vessel strikes are not
anticipated, especially because of the
speed restriction measures that are
proposed that were described earlier in
this document.
The full suite of potential impacts to
marine mammals was described in
detail in the ‘‘Potential Effects of the
Specified Activity on Marine Mammals’’
section found earlier in this document.
The potential effects of sound from the
proposed open water marine survey
programs might include one or more of
the following: masking of natural
sounds; behavioral disturbance; nonauditory physical effects; and, at least in
theory, temporary or permanent hearing
impairment (Richardson et al. 1995). As
discussed earlier in this document, the
most common impact will likely be
from behavioral disturbance, including
avoidance of the ensonified area or
changes in speed, direction, and/or
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69063
diving profile of the animal. For reasons
discussed previously in this document,
hearing impairment (TTS and PTS) is
highly unlikely to occur based on the
proposed mitigation and monitoring
measures that would preclude marine
mammals from being exposed to noise
levels high enough to cause hearing
impairment.
For non-pulse sounds, such as those
produced by operating dynamic
positioning (DP) thruster during vessel
docking and supporting underwater
construction and repair activities and
the operations of various machineries
that produces non-pulse noises, NMFS
uses the 120 dB (rms) re 1 mPa isopleth
to indicate the onset of Level B
harassment.
NEG Port and Algonquin Pipeline
Lateral Activities Acoustic Footprints
I. NEG Port Operations
For the purposes of understanding the
noise footprint of operations at the NEG
Port, measurements taken to capture
operational noise (docking, undocking,
regasification, and EBRV thruster use)
during the 2006 Gulf of Mexico field
event were taken at the source.
Measurements taken during EBRV
transit were normalized to a distance of
328 feet (100 meters) to serve as a basis
for modeling sound propagation at the
NEG Port site in Massachusetts Bay.
Sound propagation calculations for
operational activities were then
completed at two positions in
Massachusetts Bay to determine sitespecific distances to the 120/160/180 dB
isopleths:
• Operations Position 1—Port (EBRV
Operations): 70°36.261′ W and
42°23.790′ N
• Operations Position 2—Boston TSS
(EBRV Transit): 70°17.621′ W and
42°17.539′ N
At each of these locations sound
propagation calculations were
performed to determine the noise
footprint of the operation activity at
each of the specified locations.
Calculations were performed in
accordance with Marsh and Schulkin
(1985) and Richardson et al. (1995) and
took into consideration aspects of water
depth, sea state, bathymetry, and seabed
composition. In addition, the acoustic
modeling performed specifically
evaluated sound energy in 1/3-octave
spectral bands covering frequencies
from 12.5 Hz to 20 kHz. The resultant
underwater sound pressure levels to the
120 dB isopleth is presented in Table 2.
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vessel noises such as turning screws,
TABLE 2—RADII OF 120-dB SPL
ISOPLETHS FROM NEG LNG OPER- engine noise, noise of operating
density estimates, and then multiplying
by the estimated dates such activities
machinery, and thruster use. As with
would occur during a year-long period.
ATIONS
construction noise at the NEG Port, to
For the NEG Port operations, the 120-dB
confirm modeled results and better
esonfied area is 56.8 km2 for a single
Radius to
120-dB
understand the noise footprint
visit during docking when running DP
zone (m)
associated with construction activities
system. For NEG Port and Algonquin
along the Algonquin Pipeline Lateral,
Pipeline Lateral maintenance and repair
One EBRV docking procedure
activities, modeling based on the
with support vessel ...............
4,250 field measurements were taken of
various construction activities during
empirical measurements showed that
Two EBRV docking procedure
the distance of the 120-dB radius is
with support vessel ...............
5,500 the 2007 NEG Port and Algonquin
expected to be 3.6 km, making a
EBRV regasification ..................
<300 Pipeline Lateral construction period.
EBRV transiting the TSS (10
Measurements were taken and
maximum 120-dB ZOI of approximately
knot) ......................................
1,750 normalized to establish the ‘‘loudest’’
40.7 km2.
potential construction measurement
Although there have been no LNG
II. NEG Port Maintenance and Repair
event. Two positions within
deliveries since February 2010 at the
Massachusetts Bay were then used to
NEG LNG Port, NEG expected when the
Modeling analysis conducted for the
Port is under full operation, NEW
construction of the NEG Port concluded determine site-specific distances to the
120/160/180 dB isopleths:
expects it will receive up to 65 LNG
that the only underwater noise of
• Construction Position 2. PLEM:
shipments per year, and would require
critical concern during NEG Port
70°46.755′ W and 42°28.764′ N.
14 days for NEG Port maintenance and
construction would be from vessel
• Construction Position 3. Midup to 40 days for planned and
noises such as turning screws, engine
unplanned Algonquin Pipeline Lateral
noise, noise of operating machinery, and Pipeline: 70°40.842′ W and 42°31.328′
N.
maintenance and repair.
thruster use. To confirm these modeled
results and better understand the noise
NMFS recognizes that baleen whale
Sound propagation calculations were
footprint associated with construction
species other than North Atlantic right
performed to determine the noise
activities at the NEG Port, field
whales have been sighted in the project
footprint of the construction activity.
measurements were taken of various
The calculations took into consideration area from May to November. However,
construction activities during the 2007
the occurrence and abundance of fin,
aspects of water depth, sea state,
NEG Port and Algonquin Pipeline
humpback, and minke whales is not
bathymetry, and seabed composition,
Lateral Construction period.
and specifically evaluated sound energy well documented within the project
Measurements were taken and
area. Nonetheless, NMFS uses the data
in the range that encompasses the
normalized as described to establish the auditory frequencies of marine
on cetacean distribution within
‘‘loudest’’ potential construction
Massachusetts Bay, such as those
mammals and at which sound
measurement event. One position
published by the National Centers for
propagates beyond the immediate
within Massachusetts Bay was then
Coastal Ocean Science (NCCOS 2006),
vicinity of the source. These results
used to determine site-specific distances were then summed across frequencies to to estimate potential takes of marine
to the 120/180 dB isopleths for NEG
provide the broadband received levels at mammals species in the vicinity of
Port maintenance and repair activities:
project area.
receptor locations. The results of the
The NCCOS study used cetacean
distances to the 120-dB are shown in
• Construction Position 1. Port:
sightings from two sources: (1) The
Table 3.
70°36.261′ W and 42°23.790′ N
North Atlantic Right Whale Consortium
Sound propagation calculations were
(NARWC) sightings database held at the
TABLE 3—RADII OF 120-dB SPL
performed to determine the noise
ISOPLETHS FROM ALGONQUIN PIPE- University of Rhode Island (Kenney,
footprint of the construction activity.
The calculations took into consideration
LINE
LATERAL OPERATION AND 2001); and (2) the Manomet Bird
Observatory (MBO) database, held at
aspects of water depth, sea state,
MAINTENANCE
NMFS Northeast Fisheries Science
bathymetry, and seabed composition,
Center (NEFSC). The NARWC data
and specifically evaluated sound energy
Radius to
contained survey efforts and sightings
120-dB
in the range that encompasses the
zone (m)
data from ship and aerial surveys and
auditory frequencies of marine
opportunistic sources between 1970 and
mammals and at which sound
Barge/tug (pulling & pushing)/
2005. The main data contributors
propagates beyond the immediate
construction vessel/barge @
vicinity of the source. These results
PLEM ....................................
3,600 included: Cetacean and Turtles
Assessment Program (CETAP), Canadian
were then summed across frequencies to Barge/tug (pulling & pushing)/
Department of Fisheries and Oceans,
construction vessel/barge @
provide the broadband received levels at
mid-pipeline ...........................
2,831 PCCS, International Fund for Animal
receptor locations. The results showed
Welfare, NOAA’s NEFSC, New England
that the estimated distance from the
The basis for Northeast Gateway and
Aquarium, Woods Hole Oceanographic
loudest source involved in construction
Algonquin’s ‘‘take’’ estimate is the
Institution, and the University of Rhode
activities fell to 120 dB re 1 mPa at a
number of marine mammals that would Island. A total of 653,725 km (406,293
distance of 3,600 m.
be exposed to sound levels in excess of
mi) of survey track and 34,589 cetacean
III. Algonquin Pipeline Lateral
120 dB, which is the threshold used by
observations were provisionally selected
Operation and Maintenance Activities
NMFS for non-pulse sounds. For the
for the NCCOS study in order to
Modeling analysis conducted during
NEG LNG Port and Algonquin Pipeline
minimize bias from uneven allocation of
the NEG Port and Pipeline Lateral
Lateral operations and maintenance and survey effort in both time and space.
construction concluded that the only
repair activities, the take estimates are
The sightings-per-unit-effort (SPUE) was
underwater noise of critical concern
determined by multiplying the 120-dB
calculated for all cetacean species by
during such activities would be from
esonified area by local marine mammal
month covering the southern Gulf of
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Maine study area, which also includes
the project area (NCCOS, 2006).
The MBO’s Cetacean and Seabird
Assessment Program (CSAP) was
contracted from 1980 to 1988 by NMFS
NEFSC to provide an assessment of the
relative abundance and distribution of
cetaceans, seabirds, and marine turtles
in the shelf waters of the northeastern
United States (MBO, 1987). The CSAP
program was designed to be completely
compatible with NMFS NEFSC
databases so that marine mammal data
could be compared directly with
fisheries data throughout the time series
during which both types of information
were gathered. A total of 5,210 km
(8,383 mi) of survey distance and 636
cetacean observations from the MBO
data were included in the NCCOS
analysis. Combined valid survey effort
for the NCCOS studies included 567,955
km (913,840 mi) of survey track for
small cetaceans (dolphins and
porpoises) and 658,935 km (1,060,226
mi) for large cetaceans (whales) in the
southern Gulf of Maine. The NCCOS
study then combined these two data sets
by extracting cetacean sighting records,
updating database field names to match
the NARWC database, creating geometry
to represent survey tracklines and
applying a set of data selection criteria
designed to minimize uncertainty and
bias in the data used.
Owing to the comprehensiveness and
total coverage of the NCCOS cetacean
distribution and abundance study,
NMFS calculated the estimated take
number of marine mammals based on
the most recent NCCOS report
published in December 2006. A
summary of seasonal cetacean
distribution and abundance in the
project area is provided above, in the
‘‘Description of Marine Mammals in the
Area of the Specified Activities’’
section. For a detailed description and
calculation of the cetacean abundance
data and SPUE, please refer to the
NCCOS study (NCCOS, 2006). These
data show that the relative abundance of
North Atlantic right, fin, humpback,
minke, sei, and pilot whales, and
Atlantic white-sided dolphins for all
seasons, as calculated by SPUE in
number of animals per square kilometer,
is 0.0082, 0.0097, 0.0118, 0.0059,
0.0084, 0.0407, and 0.1314 n/km,
respectively.
In calculating the area density of these
species from these linear density data,
NMFS used 0.5 mi (0.825 km) as the
hypothetical strip width (W). This strip
width is based on the distance of
visibility used in the NARWC data that
was part of the NCCOS (2006) study.
However, those surveys used a strip
transect instead of a line transect
methodology. Therefore, in order to
obtain a strip width, one must divide
the visibility or transect value in half.
Since the visibility value used in the
NARWC data was 2.3 mi (3.7 km), it
thus gives a strip width of 1.15 mi (1.85
km). The hypothetical strip width used
in the analysis is less than half of that
derived from the NARWC data,
69065
therefore, the analysis provided here is
more protective in calculating marine
mammal densities in the area. Based on
this information, the area density (D) of
these species in the project area can be
obtained by the following formula:
D = SPUE/2W
where D is marine mammal density in
the area, and W is the strip width. Based
on this calculation method, the
estimated take numbers per year for
North Atlantic right, fin, humpback,
minke, sei, and pilot whales, and
Atlantic white-sided dolphins by the
NEG Port facility operations (maximum
65 visits per year), NEG Port
maintenance and repair (up to 14 days
per year), and Algonquin Pipeline
Lateral operation and maintenance (up
to 40 days per year), are 29, 35, 42, 21,
30, 145, and 469, respectively (Table 4).
These numbers represent approximately
6.59%, 1%, 5.12%, 0.1%, 8.4%, 1.2%,
and 1% of the populations for these
species based on the latest NMFS
Atlantic marine mammal stock
assessment reports (Waring et al. 2013),
respectively. Since it is very likely that
individual animals could be ‘‘taken’’ by
harassment multiple times, these
percentages are the upper boundary of
the animal population that could be
affected. The actual number of
individual animals being exposed or
taken would likely be far less. There is
no danger of injury, death, or hearing
impairment from the exposure to these
noise levels.
TABLE 4—ESTIMATED ANNUAL TAKES OF MARINE MAMMALS FROM THE NEG PORT AND ALGONQUIN PIPELINE LATERAL
OPERATIONS AND MAINTENANCE AND REPAIR ACTIVITIES IN MASSACHUSETTS BAY
Population/stock
Right whale ..............................................................................
Humpback whale .....................................................................
Fin whale .................................................................................
Sei whale .................................................................................
Minke whale .............................................................................
Long-finned pilot whale ............................................................
Atlantic white-sided dolphin .....................................................
Bottlenose dolphin ...................................................................
Short-beaked common dolphin ................................................
Risso’s dolphin .........................................................................
Killer whale ..............................................................................
Harbor porpoise .......................................................................
Harbor seal ..............................................................................
Gray seal .................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
Species
Western Atlantic ......................................................................
Gulf of Maine ...........................................................................
Western North Atlantic ............................................................
Nova Scotia .............................................................................
Canadian East Coast ..............................................................
Western North Atlantic ............................................................
Western North Atlantic ............................................................
Western North Atlantic Southern Migratory ............................
Western North Atlantic ............................................................
Western North Atlantic ............................................................
Western North Atlantic ............................................................
Gulf of Maine/Bay of Fundy ....................................................
Western North Atlantic ............................................................
Western North Atlantic ............................................................
In addition, bottlenose dolphins,
common dolphins, killer whales, Risso’s
dolphins, harbor porpoises, harbor
seals, and gray seals could also be taken
by Level B harassment as a result of
deepwater NEG Port and Algonquin
Pipeline Lateral operations and
maintenance and repair. Since these
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Jkt 232001
species are less likely to occur in the
area, and there are no density estimates
specific to this particular area, NMFS
based the take estimates on typical
group size. Therefore, NMFS estimates
that up to approximately 20 bottlenose
dolphins, 40 short-beaked common
dolphins, 40 Risso’s dolphins, 10 killer
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Number of takes
29
42
35
30
21
145
469
20
40
40
10
20
60
30
whales, 20 harbor porpoises, 60 harbor
seals, and 30 gray seals could be
exposed to continuous noise at or above
120 dB re 1 mPa rms incidental to
operations during the one year period of
the IHA, respectively. These numbers
represent 0.16%, 0.06%, 0.26%, and
0.03% of the bottlenose dolphin, short-
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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Notices
beaked common dolphin, Risso’s
dolphin, and harbor porpoise
populations/stocks. Since no
population/stock estimates for killer
whale, and harbor and gray seals is
available, the percentage of estimated
takes for these species is unknown.
Nevertheless, since Massachusetts Bay
represents only a small fraction of the
western North Atlantic basin where
these animals occur NMFS has
preliminarily determined that the takes
of 10 killer whales, 60 harbor seals, and
30 gray seals represent a small fraction
of the population and stocks of these
species (Table 3). The take estimates
presented in this section of the
document do not take into consideration
the mitigation and monitoring measures
that are proposed for inclusion in the
IHA.
mstockstill on DSK4VPTVN1PROD with NOTICES
Negligible Impact and Small Numbers
Analysis and Preliminary
Determination
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘. . . an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’ In making a
negligible impact determination, NMFS
considers a variety of factors, including
but not limited to: (1) The number of
anticipated mortalities; (2) the number
and nature of anticipated injuries; (3)
the number, nature, intensity, and
duration of Level B harassment; and (4)
the context in which the takes occur.
No injuries or mortalities are
anticipated to occur as a result of
proposed Northeast Gateway LNG Port
Algonquin Pipeline Lateral operations
and maintenance and repair activities,
and none are proposed to be authorized
by NMFS. Additionally, animals in the
area are not anticipated to incur any
hearing impairment (i.e., TTS or PTS),
as the modeling of source levels
indicates that none of the source
received levels exceed 180 dB (rms).
While some of the species occur in
the proposed project area year-round,
some species only occur in the area
during certain seasons. Humpback and
minke whales are not expected in the
project area in the winter. During the
winter, a large portion of the North
Atlantic right whale population occurs
in the southeastern U.S. calving grounds
(i.e., South Carolina, Georgia, and
northern Florida). The fact that certain
activities will occur during times when
certain species are not commonly found
in the area will help reduce the amount
of Level B harassment for these species.
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17:33 Nov 15, 2013
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Many animals perform vital functions,
such as feeding, resting, traveling, and
socializing, on a diel cycle (24-hr cycle).
Behavioral reactions to noise exposure
(such as disruption of critical life
functions, displacement, or avoidance of
important habitat) are more likely to be
significant if they last more than one
diel cycle or recur on subsequent days
(Southall et al., 2007). Consequently, a
behavioral response lasting less than
one day and not recurring on
subsequent days is not considered
particularly severe unless it could
directly affect reproduction or survival
(Southall et al. 2007). Operational
activities are not anticipated to occur at
the Port on consecutive days. In
addition, Northeast Gateway EBRVs are
expected to make 65 port calls
throughout the year, with thruster use
needed for a couple of hours. Therefore,
Northeast Gateway will not be creating
increased sound levels in the marine
environment for prolonged periods of
time.
Of the 14 marine mammal species
likely to occur in the area, four are listed
as endangered under the ESA: North
Atlantic right, humpback, and fin
whales. All of these species are also
considered depleted under the MMPA.
There is currently no designated critical
habitat or known reproductive areas for
any of these species in or near the
proposed project area. However, there
are several well known North Atlantic
right whale feeding grounds in the Cape
Cod Bay and Great South Channel. No
mortality or injury is expected to occur,
and due to the nature, degree, and
context of the Level B harassment
anticipated, the activity is not expected
to impact rates of recruitment or
survival. There is no critical habitat or
biologically important areas for marine
mammals within the proposed project
area.
The population estimates for the
species that may be taken by Level B
behavioral harassment contained in the
most recent U.S. Atlantic Stock
Assessment Reports were provided
earlier in this document. From the most
protective estimates of both marine
mammal densities in the project area
and the size of the 120-dB ZOI, the
maximum calculated number of
individual marine mammals for each
species that could potentially be
harassed annually is small relative to
the overall population sizes.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS preliminarily finds that the
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proposed Northeast Gateway LNG Port
and Algonquin Pipeline Lateral
operations and maintenance and repair
activities would result in the incidental
take of small numbers of marine
mammals, by Level B harassment only,
and that the total taking from Northeast
Gateway and Algonquin’s proposed
activities will have a negligible impact
on the affected species or stocks.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action. Therefore, NMFS has
determined that the total taking of
affected species or stocks would not
have an unmitigable adverse impact on
the availability of such species or stocks
for taking for subsistence purposes.
Proposed Incidental Harassment
Authorization
This section contains a draft of the
IHA itself. The wording contained in
this section is proposed for inclusion in
the IHA (if issued).
(1) This Authorization is valid from
January 6, 2014, through January 5,
2015.
(2) This Authorization is valid only
for activities associated with Northeast
Gateway’s LNG Port and Algonquin’s
Pipeline Lateral operations and
maintenance and repair activities in the
Massachusetts Bay. The specific area of
the activities is shown in Figure 2–1 of
the Excelerate Energy, L.P. and Tetra
Tech EC., Inc.’s IHA application.
(3)(a) The species authorized for
incidental harassment takings, Level B
harassment only, are: Right whales
(Eubalaena glacialis); fin whales
(Balaenoptera physalus); humpback
whales (Megaptera novaeangliae);
minke whales (B. acutorostrata); sei
whales (B. borealis); long-finned pilot
whales (Globicephala melas); Atlantic
white-sided dolphins (Lagenorhynchus
acutus); bottlenose dolphins (Tursiops
truncatus); short-beaked common
dolphins (Delphinus delphis); Risso’s
dolphin (Grampus griseus); killer
whales (Orcinus orca); harbor porpoises
(Phocoena phocoena); harbor seals
(Phoca vitulina); and gray seals
(Halichoerus grypus).
(3)(b) The authorization for taking by
harassment is limited to the following
acoustic sources and from the following
activities:
(i) NEG Port operations;
(ii) NEG Port maintenance and repair;
and
(iii) Algonquin Pipeline Lateral
operations and maintenance.
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(3)(c) The taking of any marine
mammal in a manner prohibited under
this Authorization must be reported
within 24 hours of the taking to the
National Marine Fisheries Service
(NMFS) Northeast Regional
Administrator (978–281–9300) or his
designee (978–282–8468), NMFS
Headquarter Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301–
427–8401), or his designee (301–427–
8418).
(4) Prohibitions
(a) The taking, by incidental
harassment only, is limited to the
species listed under condition 3(a)
above and by the numbers listed in
Table 3. The taking by Level A
harassment, injury or death of these
species or the taking by harassment,
injury or death of any other species of
marine mammal is prohibited and may
result in the modification, suspension,
or revocation of this Authorization.
(b) The taking of any marine mammal
is prohibited whenever the required
mitigation measures under (5) of this
authorization are not implemented.
mstockstill on DSK4VPTVN1PROD with NOTICES
(5) Mitigation
(a) General Marine Mammal
Avoidance Measures
(i) All vessels shall utilize the
International Maritime Organization
(IMO)-approved Boston Traffic
Separation Scheme (TSS) on their
approach to and departure from the
NEG Port and/or the repair/maintenance
area at the earliest practicable point of
transit in order to avoid the risk of
whale strikes.
(ii) Upon entering the TSS and areas
where North Atlantic right whales are
known to occur, including the Great
South Channel Seasonal Management
Area (GSC–SMA) and the SBNMS, the
EBRV shall go into ‘‘Heightened
Awareness’’ as described below.
(A) Prior to entering and navigating
the modified TSS the Master of the
vessel shall:
(I) Consult Navigational Telex
(NAVTEX), NOAA Weather Radio, the
NOAA Right Whale Sighting Advisory
System (SAS) or other means to obtain
current right whale sighting information
as well as the most recent Cornell
acoustic monitoring buoy data for the
potential presence of marine mammals;
(II) Post a look-out to visually monitor
for the presence of marine mammals;
(III) Provide the US Coast Guard
(USCG) required 96-hour notification of
an arriving EBRV to allow the NEG Port
Manager to notify Cornell of vessel
arrival.
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18:45 Nov 15, 2013
Jkt 232001
(B) The look-out shall concentrate his/
her observation efforts within the 2-mile
radius zone of influence (ZOI) from the
maneuvering EBRV.
(C) If marine mammal detection was
reported by NAVTEX, NOAA Weather
Radio, SAS and/or an acoustic
monitoring buoy, the look-out shall
concentrate visual monitoring efforts
towards the areas of the most recent
detection.
(D) If the look-out (or any other
member of the crew) visually detects a
marine mammal within the 2-mile
radius ZOI of a maneuvering EBRV, he/
she will take the following actions:
(I) The Officer-of-the-Watch shall be
notified immediately; who shall then
relay the sighting information to the
Master of the vessel to ensure action(s)
can be taken to avoid physical contact
with marine mammals.
(II) The sighting shall be recorded in
the sighting log by the designated lookout.
(iii) In accordance with 50 CFR
224.103(c), all vessels associated with
NEG Port and Pipeline Lateral activities
shall not approach closer than 500 yards
(460 m) to a North Atlantic right whale
and 100 yards (91 m) to other whales to
the extent physically feasible given
navigational constraints. In addition,
when approaching and departing the
project area, vessels shall be operated so
as to remain at least 1 km away from
any visually-detected North Atlantic
right whales.
(iv) In response to active right whale
sightings and active acoustic detections,
and taking into account exceptional
circumstances, EBRVs, repair and
maintenance vessels shall take
appropriate actions to minimize the risk
of striking whales. Specifically vessels
shall:
(A) Respond to active right whale
sightings and/or DMAs reported on the
Mandatory Ship Reporting (MSR) or
SAS by concentrating monitoring efforts
towards the area of most recent
detection and reducing speed to 10
knots or less if the vessel is within the
boundaries of a DMA (50 CFR 224.105)
or within the circular area centered on
an area 8 nm in radius from a sighting
location;
(B) Respond to active acoustic
detections by concentrating monitoring
efforts towards the area of most recent
detection and reducing speed to 10
knots or less within an area 5 nm in
radius centered on the detecting AB;
and
(C) Respond to additional sightings
made by the designated look-outs
within a 2-mile radius of the vessel by
slowing the vessel to 10 knots or less
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69067
and concentrating monitoring efforts
towards the area of most recent sighting.
(v) All vessels operated under NEG
and Algonquin must follow the
established specific speed restrictions
when calling at the NEG Port. The
specific speed restrictions required for
all vessels (i.e., EBRVs and vessels
associated with maintenance and repair)
consist of the following:
(A) Vessels shall reduce their
maximum transit speed while in the
TSS from 12 knots or less to 10 knots
or less from March 1 to April 30 in all
waters bounded by straight lines
connecting the following points in the
order stated below unless an emergency
situation dictates for an alternate speed.
This area shall hereafter be referred to
as the Off Race Point Seasonal
Management Area (ORP–SMA) and
tracks NMFS regulations at 50 CFR
224.105:
42°30′ N 70°30′ W
42°30′ N 69°45′ W
41°40′ N 69°45′ W
42°04.8′ N 70°10′ W
41°40′ N 69°57′ W
42°12′ N 70°15′ W
42°12′ N 70°30′ W
W 42°30′ N 70°30′ W
(B) Vessels shall reduce their
maximum transit speed while in the
TSS to 10 knots or less unless an
emergency situation dictates for an
alternate speed from April 1 to July 31
in all waters bounded by straight lines
connecting the following points in the
order stated below. This area shall
hereafter be referred to as the GSC–SMA
and tracks NMFS regulations at 50 CFR
224.105:
42°30′ N 69°45′ W
42°30′ N 67°27′ W
42°09′ N 67°08.4′ W
41°40′ N 69°45′ W
42°30′ N 69°45′ W
41°00′ N 69°05′ W
(C) Vessels are not expected to transit
the Cape Cod Bay or the Cape Cod
Canal; however, in the event that transit
through the Cape Cod Bay or the Cape
Cod Canal is required, vessels shall
reduce maximum transit speed to 10
knots or less from January 1 to May 15
in all waters in Cape Cod Bay, extending
to all shorelines of Cape Cod Bay, with
a northern boundary of 42°12’ N latitude
and the Cape Cod Canal. This area shall
hereafter be referred to as the Cape Cod
Bay Seasonal Management Area (CCB–
SMA).
(D) All Vessels transiting to and from
the project area shall report their
activities to the mandatory reporting
Section of the USCG to remain apprised
of North Atlantic right whale
movements within the area. All vessels
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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Notices
entering and exiting the MSRA shall
report their activities to
WHALESNORTH. Vessel operators shall
contact the USCG by standard
procedures promulgated through the
Notice to Mariner system.
(E) All Vessels greater than or equal
to 300 gross tons (GT) shall maintain a
speed of 10 knots or less, unless an
emergency situation requires speeds
greater than 10 knots.
(F) All Vessels less than 300 GT
traveling between the shore and the
project area that are not generally
restricted to 10 knots will contact the
Mandatory Ship Reporting (MSR)
system, the USCG, or the project site
before leaving shore for reports of active
DMAs and/or recent right whale
sightings and, consistent with
navigation safety, restrict speeds to 10
knots or less within 5 miles (8
kilometers) of any sighting location,
when traveling in any of the seasonal
management areas (SMAs) or when
traveling in any active dynamic
management area (DMA).
(b) NEG Port-Specific Operations
(i) In addition to the general marine
mammal avoidance requirements
identified in (5)(a) above, vessels calling
on the NEG Port must comply with the
following additional requirements:
(A) EBRVs shall travel at 10 knots
maximum speed when transiting to/
from the TSS or to/from the NEG Port/
Pipeline Lateral area. For EBRVs, at 1.86
miles (3 km) from the NEG Port, speed
will be reduced to 3 knots and to less
than 1 knot at 1,640 ft (500 m) from the
NEG buoys, unless an emergency
situation dictates the need for an
alternate speed.
(B) EBRVs that are approaching or
departing from the NEG Port and are
within the ATBA5 surrounding the NEG
Port, shall remain at least 1 km away
from any visually-detected North
Atlantic right whale and at least 100
yards (91 m) away from all other
visually-detected whales unless an
emergency situation requires that the
vessel stay its course. During EBRV
maneuvering, the Vessel Master shall
designate at least one look-out to be
exclusively and continuously
monitoring for the presence of marine
mammals at all times while the EBRV is
approaching or departing from the NEG
Port.
(C) During NEG Port operations, in the
event that a whale is visually observed
within 1 km of the NEG Port or a
confirmed acoustic detection is reported
on either of the two ABs closest to the
NEG Port (western-most in the TSS
array), departing EBRVs shall delay
their departure from the NEG Port,
unless an emergency situation requires
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17:33 Nov 15, 2013
Jkt 232001
that departure is not delayed. This
departure delay shall continue until
either the observed whale has been
visually (during daylight hours)
confirmed as more than 1 km from the
NEG Port or 30 minutes have passed
without another confirmed detection
either acoustically within the acoustic
detection range of the two ABs closest
to the NEG Port, or visually within 1 km
from the NEG Port.
(ii) Vessel captains shall focus on
reducing dynamic positioning (DP)
thruster power to the maximum extent
practicable, taking into account vessel
and Port safety, during the operation
activities. Vessel captains will shut
down thrusters whenever they are not
needed.
(c) Planned and Unplanned
Maintenance and Repair Activities
(i) NEG Port
(A) The Northeast Gateway shall
conduct empirical source level
measurements on all noise emitting
construction equipment and all vessels
that are involved in maintenance/repair
work.
(B) If dynamic positioning (DP)
systems are to be employed and/or
activities will emit noise with a source
level of 139 dB re 1 mPa at 1 m, activities
shall be conducted in accordance with
the requirements for DP systems listed
in (5)(b)(ii).
(C) Northeast Gateway shall provide
the NMFS Headquarters Office of the
Protected Resources, NMFS Northeast
Region Ship Strike Coordinator, and
SBNMS with a minimum of 30 days
notice prior to any planned repair and/
or maintenance activity. For any
unplanned/emergency repair/
maintenance activity, Northeast
Gateway shall notify the agencies as
soon as it determines that repair work
must be conducted. Northeast Gateway
shall continue to keep the agencies
apprised of repair work plans as further
details (e.g., the time, location, and
nature of the repair) become available.
A final notification shall be provided to
agencies 72 hours prior to crews being
deployed into the field.
(ii) Pipeline Lateral
(A) Pipeline maintenance/repair
vessels less than 300 GT traveling
between the shore and the maintenance/
repair area that are not generally
restricted to 10 knots shall contact the
MSR system, the USCG, or the project
site before leaving shore for reports of
active DMAs and/or recent right whale
sightings and, consistent with
navigation safety, restrict speeds to 10
knots or less within 5 miles (8 km) of
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Fmt 4703
Sfmt 4703
any sighting location, when travelling in
any of the seasonal management areas
(SMAs) as defined above.
(B) Maintenance/repair vessels greater
than 300 GT shall not exceed 10 knots,
unless an emergency situation that
requires speeds greater than 10 knots.
(C) Planned maintenance and repair
activities shall be restricted to the
period between May 1 and November
30.
(D) Unplanned/emergency
maintenance and repair activities shall
be conducted utilizing anchor-moored
dive vessel whenever operationally
possible.
(E) Algonquin shall also provide the
NMFS Office of the Protected Resources,
NMFS Northeast Region Ship Strike
Coordinator, and Stellwagen Bank
National Marine Sanctuary (SBNMS)
with a minimum of 30-day notice prior
to any planned repair and/or
maintenance activity. For any
unplanned/emergency repair/
maintenance activity, Northeast
Gateway shall notify the agencies as
soon as it determines that repair work
must be conducted. Algonquin shall
continue to keep the agencies apprised
of repair work plans as further details
(e.g., the time, location, and nature of
the repair) become available. A final
notification shall be provided to
agencies 72 hours prior to crews being
deployed into the field.
(F) If dynamic positioning (DP)
systems are to be employed and/or
activities will emit noise with a source
level of 139 dB re 1 mPa at 1 m, activities
shall be conducted in accordance with
the requirements for DP systems listed
in (5)(b)(ii).
(G) In the event that a whale is
visually observed within 0.5 mile (0.8
kilometers) of a repair or maintenance
vessel, the vessel superintendent or ondeck supervisor shall be notified
immediately. The vessel’s crew shall be
put on a heightened state of alert and
the marine mammal shall be monitored
constantly to determine if it is moving
toward the repair or maintenance area.
(H) Repair/maintenance vessel(s)
must cease any movement and/or cease
all activities that emit noises with
source level of 139 dB re 1 mPa @1 1 m
or higher when a right whale is sighted
within or approaching at 500 yd (457 m)
from the vessel. Repair and maintenance
work may resume after the marine
mammal is positively reconfirmed
outside the established zones (500 yd
[457 m]) or 30 minutes have passed
without a redetection. Any vessels
transiting the maintenance area, such as
barges or tugs, must also maintain these
separation distances.
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(I) Repair/maintenance vessel(s) must
cease any movement and/or cease all
activities that emit noises with source
level of 139 dB re 1 mPa @1 1 m or higher
when a marine mammal other than a
right whale is sighted within or
approaching at 100 yd (91 m) from the
vessel. Repair and maintenance work
may resume after the marine mammal is
positively reconfirmed outside the
established zones (100 yd [91 m]) or 30
minutes have passed without a
redetection. Any vessels transiting the
maintenance area, such as barges or
tugs, must also maintain these
separation distances.
(J) Algonquin and associated
contractors shall also comply with the
following:
(I) Operations involving excessively
noisy equipment (source level
exceeding 139 dB re 1mPa @ 1 m) shall
‘‘ramp-up’’ sound sources, allowing
whales a chance to leave the area before
sounds reach maximum levels. In
addition, Northeast Gateway,
Algonquin, and other associated
contractors shall maintain equipment to
manufacturers’ specifications, including
any sound-muffling devices or engine
covers in order to minimize noise
effects. Noisy construction equipment
shall only be used as needed and
equipment shall be turned off when not
in operation.
(II) Any material that has the potential
to entangle marine mammals (e.g.,
anchor lines, cables, rope or other
construction debris) shall only be
deployed as needed and measures shall
be taken to minimize the chance of
entanglement.
(III) For any material that has the
potential to entangle marine mammals,
such material shall be removed from the
water immediately unless such action
jeopardizes the safety of the vessel and
crew as determined by the Captain of
the vessel.
(IV) In the event that a marine
mammal becomes entangled, the marine
mammal coordinator and/or PSO will
notify NMFS (if outside the SBNMS),
and SBNMS staff (if inside the SBNMS)
immediately so that a rescue effort may
be initiated.
(K) All maintenance/repair activities
shall be scheduled to occur between
May 1 and November 30; however, in
the event of unplanned/emergency
repair work that cannot be scheduled
during the preferred May through
November work window, the following
additional measures shall be followed
for Pipeline Lateral maintenance and
repair related activities between
December and April:
(I) Between December 1 and April 30,
if on-board PSOs do not have at least
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0.5-mile visibility, they shall call for a
shutdown. At the time of shutdown, the
use of thrusters must be minimized. If
there are potential safety problems due
to the shutdown, the captain will decide
what operations can safely be shut
down.
(II) Prior to leaving the dock to begin
transit, the barge shall contact one of the
PSOs on watch to receive an update of
sightings within the visual observation
area. If the PSO has observed a North
Atlantic right whale within 30 minutes
of the transit start, the vessel shall hold
for 30 minutes and again get a clearance
to leave from the PSOs on board. PSOs
shall assess whale activity and visual
observation ability at the time of the
transit request to clear the barge for
release.
(III) Transit route, destination, sea
conditions and any marine mammal
sightings/mitigation actions during
watch shall be recorded in the log book.
Any whale sightings within 1,000 m of
the vessel shall result in a high alert and
slow speed of 4 knots or less and a
sighting within 750 m shall result in
idle speed and/or ceasing all movement.
(IV) The material barges and tugs used
in repair and maintenance shall transit
from the operations dock to the work
sites during daylight hours when
possible provided the safety of the
vessels is not compromised. Should
transit at night be required, the
maximum speed of the tug shall be 5
knots.
(V) All repair vessels must maintain a
speed of 10 knots or less during daylight
hours. All vessels shall operate at 5
knots or less at all times within 5 km of
the repair area.
(d) Acoustic Monitoring Related
Activities
(i) Vessels associated with
maintaining the acoustic seafloor array
of Marine Autonomous Recording Units
(MARUs) and the AB network operating
as part of the mitigation/monitoring
protocols shall adhere to the following
speed restrictions and marine mammal
monitoring requirements.
(A) Vessels maintaining the MARU
array that are greater than 300 gross tons
(GT) shall not exceed 10 knots.
(B) Vessels maintaining the MARU
array that are less than 300 GT shall not
exceed 15 knots at any time, but shall
adhere to speeds of 10 knots or less in
the following areas and seasons:
(I) In the ORP–SMA between March 1
and April 30; and
(II) In the CCB–SMA between January
1 and May 15.
(C) In accordance with NOAA
Regulation 50 CFR 224.103 (c), all
vessels associated with NEG Port
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69069
activities shall not approach closer than
500 yards (460 meters) to a North
Atlantic right whale.
(D) All vessels shall obtain the latest
DMA or right whale sighting
information via the NAVTEX, MSR,
SAS, NOAA Weather Radio, or other
available means prior to operations to
determine if there are right whales
present in the operational area.
(6) Monitoring
(a) Vessel-Based Visual Monitoring
(i) Vessel-based monitoring for marine
mammals shall be done by trained lookouts during NEG LNG Port and Pipeline
Lateral operations and maintenance and
repair activities. The observers shall
monitor the occurrence of marine
mammals near the vessels during LNG
Port and Pipeline Lateral related
activities. Lookout duties include
watching for and identifying marine
mammals; recording their numbers,
distances, and reactions to the activities;
and documenting ‘‘take by harassment’’.
(ii) The vessel look-outs assigned to
visually monitor for the presence of
marine mammals and shall be provided
with the following:
(A) Recent NAVTEX, NOAA Weather
Radio, SAS and/or acoustic monitoring
buoy detection data;
(B) Binoculars to support
observations;
(C) Marine mammal detection guide
sheets; and
(D) Sighting log.
(b) NEG LNG Port Operations
(i) All individuals onboard the EBRVs
responsible for the navigation duties
and any other personnel that could be
assigned to monitor for marine
mammals shall receive training on
marine mammal sighting/reporting and
vessel strike avoidance measures.
(ii) While an EBRV is navigating
within the designated TSS, there shall
be three people with look-out duties on
or near the bridge of the ship including
the Master, the Officer-of-the-Watch and
the Helmsman-on-watch. In addition to
the standard watch procedures, while
the EBRV is transiting within the
designated TSS, maneuvering within
the Area to be Avoided (ATBA), and/or
while actively engaging in the use of
thrusters, an additional look-out shall be
designated to exclusively and
continuously monitor for marine
mammals.
(iii) All sightings of marine mammals
by the designated look-out, individuals
posted to navigational look-out duties
and/or any other crew member while
the EBRV is transiting within the TSS,
maneuvering within the ATBA and/or
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when actively engaging in the use of
thrusters, shall be immediately reported
to the Officer-of-the-Watch who shall
then alert the Master. The Master or
Officer-of-the-Watch shall ensure the
required reporting procedures are
followed and the designated marine
mammal look-out records all pertinent
information relevant to the sighting.
(iv) Visual sightings made by lookouts from the EBRVs shall be recorded
using a standard sighting log form.
Estimated locations shall be reported for
each individual and/or group of
individuals categorized by species when
known. This data shall be entered into
a database and a summary of monthly
sighting activity shall be provided to
NMFS. Estimates of take and copies of
these log sheets shall also be included
in the reports to NMFS.
(c) Planned and Unplanned
Maintenance and Repair
(i) Two (2) qualified and NMFSapproved protected species observers
(PSOs) shall be assigned to each vessel
that will use dynamic positioning (DP)
systems during maintenance and repair
related activities. PSOs shall operate
individually in designated shifts to
accommodate adequate rest schedules.
Additional PSOs shall be assigned to
additional vessels if auto-detection buoy
(AB) data indicates that sound levels
exceed 120 dB re 1 mPa, farther than 100
meters (328 feet) from these vessels.
(ii) All PSOs shall receive NMFSapproved marine mammal observer
training and be approved in advance by
NMFS after review of their resume. All
PSOs shall have direct field experience
on marine mammal vessels and/or aerial
surveys in the Atlantic Ocean/Gulf of
Mexico.
(iii) PSOs (one primary and one
secondary) shall be responsible for
visually locating marine mammals at the
ocean’s surface and, to the extent
possible, identifying the species. The
primary PSO shall act as the
identification specialist and the
secondary PSO will serve as data
recorder and also assist with
identification. Both PSOs shall have
responsibility for monitoring for the
presence of marine mammals and sea
turtles. Specifically PSO’s shall:
(A) Monitor at all hours of the day,
scanning the ocean surface by eye for a
minimum of 40 minutes every hour.
(B) Monitor the area where
maintenance and repair work is
conducted beginning at daybreak using
25x power binoculars and/or hand-held
binoculars. Night vision devices must be
provided as standard equipment for
monitoring during low-light hours and
at night.
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(C) Conduct general 360° visual
monitoring during any given watch
period and target scanning by the
observer shall occur when alerted of a
whale presence.
(D) Alert the vessel superintendent or
construction crew supervisor of visual
detections within 2 miles (3.31
kilometers) immediately.
(E) Record all sightings on marine
mammal field sighting logs.
Specifically, all data shall be entered at
the time of observation, notes of
activities will be kept, and a daily report
prepared and attached to the daily field
sighting log form. The basic reporting
requirements include the following:
• Beaufort sea state;
• Wind speed;
• Wind direction;
• Temperature;
• Precipitation;
• Glare;
• Percent cloud cover;
• Number of animals;
• Species;
• Position;
• Distance;
• Behavior;
• Direction of movement; and
• Apparent reaction to construction
activity.
(iv) In the event that a whale is
visually observed within the 2-mile
(3.31-kilometers) zone of influence
(ZOI) of a DP vessel or other
construction vessel that has shown to
emit noise with source level in excess
of 139 dB re 1 mPa @1 1 m, the PSO will
notify the repair/maintenance
construction crew to minimize the use
of thrusters until the animal has moved
away, unless there are divers in the
water or an ROV is deployed.
(d) Acoustic Monitoring
(i) Northeast Gateway shall monitor
the noise environment in Massachusetts
Bay in the vicinity of the NEG Port and
Pipeline Lateral using an array of 19
MARUs that were deployed initially in
April 2007 to collect data during NEG
LNG Port and Pipeline Lateral related
activities.
(ii) The acoustic data collected by the
MARUs shall be analyzed to document
the seasonal occurrences and overall
distributions of whales (primarily fin,
humpback and right whales) within
approximately 10 nm of the NEG Port
and shall measure and document the
noise ‘‘budget’’ of Massachusetts Bay so
as to eventually assist in determining
whether or not an overall increase in
noise in the Bay associated with the
Project might be having a potentially
negative impact on marine mammals.
(iii) In addition to the 19 MARUs,
Northeast Gateway shall deploy 10 ABs
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within the Separation Zone of the TSS
for the operational life of the Project.
(iv) The ABs shall be used to detect
a calling North Atlantic right whale an
average of 5 nm from each AB. The AB
system shall be the primary detection
mechanism that alerts the EBRV Master
to the occurrence of right whales,
heightens EBRV awareness, and triggers
necessary mitigation actions as
described in section (5) above.
(e) Acoustic Whale Detection and
Response Plan
(i) NEG Port Operations
(A) Ten (10) ABs that have been
deployed since 2007 shall be used to
continuously screen the low-frequency
acoustic environment (less than 1,000
Hertz) for right whale contact calls
occurring within an approximately 5nm radius from each buoy (the AB’s
detection range).
(B) Once a confirmed detection is
made, the Master of any EBRVs
operating in the area will be alerted
immediately.
(ii) NEG Port and Pipeline Lateral
Planned and Unplanned/Emergency
Repair and Maintenance Activities
(A) If the repair/maintenance work is
located outside of the detectible range of
the 10 project area ABs, Northeast
Gateway and Algonquin shall consult
with NOAA (NMFS and SBNMS) to
determine if the work to be conducted
warrants the temporary installation of
an additional AB(s) to help detect and
provide early warnings for potential
occurrence of right whales in the
vicinity of the repair area.
(B) The number of ABs installed
around the activity site shall be
commensurate with the type and spatial
extent of maintenance/repair work
required, but must be sufficient to detect
vocalizing right whales within the 120dB impact zone.
(C) Should acoustic monitoring be
deemed necessary during a planned or
unplanned/emergency repair and/or
maintenance event, active monitoring
for right whale calls shall begin 24
hours prior to the start of activities.
(D) Source level data from the
acoustic recording units deployed in the
NEG Port and/or Pipeline Lateral
maintenance and repair area shall be
provided to NMFS.
(7) Reporting
(a) Throughout NEG Port and Pipeline
Lateral operations, Northeast Gateway
and Algonquin shall provide a monthly
Monitoring Report. The Monitoring
Report shall include:
(i) Both copies of the raw visual EBRV
lookout sighting information of marine
mammals that occurred within 2 miles
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of the EBRV while the vessel transits
within the TSS, maneuvers within the
ATBA, and/or when actively engaging
in the use of thrusters, and a summary
of the data collected by the look-outs
over each reporting period.
(ii) Copies of the raw PSO sightings
information on marine mammals
gathered during pipeline repair or
maintenance activities. This visual
sighting data shall then be correlated to
periods of thruster activity to provide
estimates of marine mammal takes (per
species/species class) that took place
during each reporting period.
(iii) Conclusion of any planned or
unplanned/emergency repair and/or
maintenance period, a report shall be
submitted to NMFS summarizing the
repair/maintenance activities, marine
mammal sightings (both visual and
acoustic), empirical source-level
measurements taken during the repair
work, and any mitigation measures
taken.
(b) During the maintenance and repair
of NEG Port components, weekly status
reports shall be provided to NOAA
(both NMFS and SBNMS) using
standardized reporting forms. The
weekly reports shall include data
collected for each distinct marine
mammal species observed in the repair/
maintenance area during the period that
maintenance and repair activities were
taking place. The weekly reports shall
include the following information:
(i) Location (in longitude and latitude
coordinates), time, and the nature of the
maintenance and repair activities;
(ii) Indication of whether a DP system
was operated, and if so, the number of
thrusters being used and the time and
duration of DP operation;
(iii) Marine mammals observed in the
area (number, species, age group, and
initial behavior);
(iv) The distance of observed marine
mammals from the maintenance and
repair activities;
(v) Changes, if any, in marine
mammal behaviors during the
observation;
(vi) A description of any mitigation
measures (power-down, shutdown, etc.)
implemented;
(vii) Weather condition (Beaufort sea
state, wind speed, wind direction,
ambient temperature, precipitation, and
percent cloud cover etc.);
(viii) Condition of the observation
(visibility and glare); and
(ix) Details of passive acoustic
detections and any action taken in
response to those detections.
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(d) Injured/Dead Protected Species
Reporting
(i) In the unanticipated event that
survey operations clearly cause the take
of a marine mammal in a manner
prohibited by the proposed IHA, such as
an injury (Level A harassment), serious
injury or mortality (e.g., ship-strike, gear
interaction, and/or entanglement), NEG
and/or Algonquin shall immediately
cease activities and immediately report
the incident to the Supervisor of the
Incidental Take Program, Permits and
Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the
Northeast Regional Stranding
Coordinators (Mendy.Garron@noaa.gov
or Lanni.Hall@noaa.gov) or by phone at
978–281–9300. The report must include
the following information:
(A) Time, date, and location (latitude/
longitude) of the incident;
(B) the name and type of vessel
involved;
(C) the vessel’s speed during and
leading up to the incident;
(D) description of the incident;
(E) status of all sound source use in
the 24 hours preceding the incident;
(F) water depth;
(G) environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
(H) description of marine mammal
observations in the 24 hours preceding
the incident;
(I) species identification or
description of the animal(s) involved;
(J) the fate of the animal(s); and
(K) photographs or video footage of
the animal (if equipment is available).
Activities shall not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS shall work with NEG and/or
Algonquin to determine what is
necessary to minimize the likelihood of
further prohibited take and ensure
MMPA compliance. NEG and/or
Algonquin may not resume their
activities until notified by NMFS via
letter, email, or telephone.
(ii) In the event that NEG and/or
Algonquin discovers an injured or dead
marine mammal, and the lead PSO
determines that the cause of the injury
or death is unknown and the death is
relatively recent (i.e., in less than a
moderate state of decomposition as
described in the next paragraph), NEG
and/or Algonquin will immediately
report the incident to the Supervisor of
the Incidental Take Program, Permits
and Conservation Division, Office of
Protected Resources, NMFS, at 301–
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69071
427–8401, and/or by email to
Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the NMFS
Northeast Stranding Coordinators
(Mendy.Garron@noaa.gov or
Lanni.Hall@noaa.gov) or by phone at
978–281–9300, within 24 hours of the
discovery. The report must include the
same information identified above.
Activities may continue while NMFS
reviews the circumstances of the
incident. NMFS will work with NEG
and/or Algonquin to determine whether
modifications in the activities are
appropriate.
(iii) In the event that NEG or
Algonquin discovers an injured or dead
marine mammal, and the lead PSO
determines that the injury or death is
not associated with or related to the
activities authorized (if the IHA is
issued) (e.g., previously wounded
animal, carcass with moderate to
advanced decomposition, or scavenger
damage), NEG and/or Algonquin shall
report the incident to the Supervisor of
the Incidental Take Program, Permits
and Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401, and/or by email to
Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the NMFS
Northeast Stranding Coordinators
(Mendy.Garron@noaa.gov or
Lanni.Hall@noaa.gov) or by phone at
978–281–9300, within 24 hours of the
discovery. NEG and/or Algonquin shall
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
NEG and/or Algonquin can continue its
operations under such a case.
Endangered Species Act (ESA)
On February 5, 2007, NMFS
concluded consultation with MARAD
and the USCG, under section 7 of the
ESA, on the proposed construction and
operation of the Northeast Gateway LNG
facility and issued a biological opinion.
The finding of that consultation was
that the construction and operation of
the Northeast Gateway LNG terminal
may adversely affect, but is not likely to
jeopardize, the continued existence of
northern right, humpback, and fin
whales, and is not likely to adversely
affect sperm, sei, or blue whales and
Kemp’s ridley, loggerhead, green or
leatherback sea turtles. An incidental
take statement (ITS) was issued
following NMFS’ issuance of the 2007
IHA.
On November 15, 2007, Northeast
Gateway and Algonquin submitted a
letter to NMFS requesting an extension
for the LNG Port construction into
December 2007. Upon reviewing
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Northeast Gateway’s weekly marine
mammal monitoring reports submitted
under the previous IHA, NMFS Permits
and Conservation Division (PR1)
recognized that the potential take of
some marine mammals resulting from
the LNG Port and Pipeline Lateral by
Level B behavioral harassment likely
had exceeded the original take
estimates. Therefore, NMFS Northeast
Regional Office (NERO) reinitiated
consultation with MARAD and USCG
on the construction and operation of the
Northeast Gateway LNG facility. On
November 30, 2007, NMFS NERO
issued a revised biological opinion,
reflecting the revised construction time
period and including a revised ITS. This
revised biological opinion concluded
that the construction and operation of
the Northeast Gateway LNG terminal
may adversely affect, but is not likely to
jeopardize, the continued existence of
northern right, humpback, and fin
whales, and is not likely to adversely
affect sperm, sei, or blue whales.
However, both biological opinions
only analyzed ESA-listed species for
activities under the initial short
construction period and during
operations, and did not take into
consideration potential impacts to
marine mammals that could result from
the subsequent LNG Port and Pipeline
Lateral maintenance and repair
activities. In addition, NEG also
revealed that significantly more water
usage and vessel operating air emissions
are needed from what was originally
evaluated for the LNG Port operation.
NMFS PR1 has initiated consultation
with NMFS NERO under section 7 of
the ESA on the issuance of an IHA to
NEG under section 101(a)(5)(D) of the
MMPA for the proposed activities that
include increased NEG Port and
Algonquin Pipeline Lateral maintenance
and repair and water usage for the LNG
Port operations this activity.
Consultation will be concluded prior to
a determination on the issuance of an
IHA.
National Environmental Policy Act
MARAD and the USCG released a
Final EIS/Environmental Impact Report
(EIR) for the proposed Northeast
Gateway Port and Pipeline Lateral. A
notice of availability was published by
MARAD on October 26, 2006 (71 FR
62657). The Final EIS/EIR provides
detailed information on the proposed
project facilities, construction methods
and analysis of potential impacts on
marine mammals.
NMFS was a cooperating agency (as
defined by the Council on
Environmental Quality (40 CFR 1501.6))
in the preparation of the Draft and Final
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17:33 Nov 15, 2013
Jkt 232001
EISs. NMFS reviewed the Final EIS and
adopted it on May 4, 2007. NMFS
issued a separate Record of Decision for
issuance of authorizations pursuant to
section 101(a)(5) of the MMPA for the
construction and operation of the
Northeast Gateway’s LNG Port Facility
in Massachusetts Bay.
Dated: November 12, 2013.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2013–27466 Filed 11–15–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–BC69
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Elliott Bay Seawall
Project in Seattle, Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of a Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that a Letter of
Authorization (LOA) has been issued to
the City of Seattle’s Department of
Transportation (SDOT) for the take of
nine species of marine mammals
incidental to pile driving activities
associated with the Elliott Bay Seawall
Project (EBSP).
DATES: Effective from October 22, 2013,
through October 21, 2014.
ADDRESSES: The LOA and supporting
documentation are available for review
on the Internet at: http://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may also
be viewed, by appointment, during
regular business hours at the Office of
Protected Resources, National Marine
Fisheries Service 1315 East-West
Highway, Silver Spring, MD 20910–
3225, by telephoning the contact listed
under FOR FURTHER INFORMATION
CONTACT.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, Office of Protected
Resources, NMFS, 301–427–8401.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
Background
Sections 101(a)(5)(A) of the MMPA
(16 U.S.C. 1361 et seq.) directs the
Secretary of Commerce to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued. Under the MMPA, the term
‘‘take’’ means to harass, hunt, capture,
or kill, or attempt to harass, hunt,
capture, or kill marine mammals.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the identified species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth in the regulations. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘. . . an impact resulting
from the specified activity that cannot
be reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Regulations governing the taking of
harbor seals (Phoca vitulina), California
sea lions, Steller sea lions (Eumetopias
jubatus), harbor porpoise, Dall’s
porpoise, southern resident and
transient killer whales, gray whales, and
humpback whales, by harassment,
incidental to pile driving activities in
Elliott Bay, were issued on October 21,
2013 (78 FR 63396, October 24, 2013),
and remain in effect until October 21,
2018. For detailed information on this
action, please refer to that document.
The regulations include mitigation,
monitoring, and reporting requirements
for the incidental take of marine
mammals during pile driving activities
associated with the Elliott Bay Seawall.
Pursuant to those regulations, NMFS
issued an LOA, effective from October
22, 2013, through October 21, 2014,
which authorizes the incidental take of
the nine marine mammal species listed
above that may result from construction
associated with the Elliott Bay Seawall
project. Take of marine mammals will
be minimized through implementation
of the following mitigation measures: (1)
Limited impact pile driving; (2)
containment of impact pile driving; (3)
additional sound attenuation measures;
(4) ramp-up of pile-related activities; (5)
marine mammal exclusion zones; and
(6) shutdown and delay procedures.
E:\FR\FM\18NON1.SGM
18NON1

Agencies

[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Notices]
[Pages 69049-69072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27466]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC228
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Operation, Maintenance, and Repair
of the Northeast Gateway Liquefied Natural Gas Port and the Algonquin
Pipeline Lateral Facilities in Massachusetts Bay
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received an application from Tetra Tech EC, Inc.
(Tetra Tech), on behalf of the Northeast Gateway[supreg] Energy
BridgeTM, L.P. (Northeast Gateway or NEG) and Algonquin Gas
Transmission, L.L.C. (Algonquin), for authorization to take marine
mammals, by harassment, incidental to operating, maintaining, and
repairing a liquefied natural gas (LNG) port and the Algonquin Pipeline
Lateral (Pipeline Lateral) facilities by NEG and Algonquin, in
Massachusetts Bay. Pursuant to the Marine Mammal Protection Act (MMPA),
NMFS is requesting comments on its proposal to issue an authorization
to Northeast Gateway to incidentally take, by harassment, small numbers
of marine mammals for a period of 1 year.
DATES: Comments and information must be received no later than December
18, 2013.
ADDRESSES: Comments should be addressed to P. Michael Payne, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910. The mailbox address for providing email comments on
this action is ITP.Guan@noaa.gov. Comments sent via email, including
all attachments, must not exceed a 10-megabyte file size. A copy of the
application and a list of references used in this document may be
obtained by writing to this address, and is also available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal Identifying
[[Page 69050]]
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
The Maritime Administration (MARAD) and U.S. Coast Guard (USCG)
Final Environmental Impact Statement (Final EIS) on the Northeast
Gateway Energy Bridge LNG Deepwater Port license application is
available for viewing at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A)(D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``. . . an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the U.S. can apply for a one-year authorization to
incidentally take small numbers of marine mammals by harassment,
provided that there is no potential for serious injury or mortality to
result from the activity. Section 101(a)(5)(D) establishes a 45-day
time limit for NMFS review of an application followed by a 30-day
public notice and comment period on any proposed authorizations for the
incidental harassment of marine mammals. Within 45 days of the close of
the comment period, NMFS must either issue or deny the authorization.
Summary of Request
On January 18, 2013, NMFS received an application from Excelerate
Energy, L.P. (Excelerate) and Tetra Tech EC, Inc., on behalf of
Northeast Gateway and Algonquin, for an authorization to take 14
species of marine mammals by Level B harassment incidental to
operations, maintenance, and repair of an LNG port and the Pipeline
Lateral facilities in Massachusetts Bay. They are: North Atlantic right
whale, humpback whale, fin whale, sei whale, minke whale, long-finned
pilot whale, Atlantic white-sided dolphin, bottlenose dolphin, short-
beaked common dolphin, killer whale, Risso's dolphin, harbor porpoise,
harbor seal, and gray seal. Since LNG Port and Pipeline Lateral
operation, maintenance, and repair activities have the potential to
take marine mammals, a marine mammal take authorization under the MMPA
is warranted. NMFS previously issued an IHA to Northeast Gateway and
Algonquin to allow for the incidental harassment of small numbers of
marine mammals resulting from the construction and operation of the NEG
Port and the Algonquin Pipeline Lateral (72 FR 27077; May 14, 2007).
Subsequently, NMFS issued four one-year IHAs for the take of marine
mammals incidental to the operation of the NEG Port activity pursuant
to section 101(a)(5)(D) of the MMPA (73 FR 29485, May 21, 2008; 74 FR
45613, September 3, 2009; 75 FR 53672, September 1, 2010; and 76 FR
62778, October 11, 2011). The most recent IHA expired on October 6,
2012. Unlike the previous IHAs, which only covered incidental
harassment during standard operations of the deepwater port, the new
IHA application from Excelerate requests take coverage during standard
operations, as well as during planned and unplanned maintenance and
repair. Marine mammals could be affected by noise generated by
operating the dynamic positioning system during the docking of LNG
vessels at the NEG Port, and noises generated from maintenance and
repair of the LNG Port and Pipeline Lateral facilities.
Description of the Activity
The Northeast Gateway Port is located in Massachusetts Bay and
consists of a submerged buoy system to dock specially designed LNG
carriers approximately 13 mi (21 km) offshore of Massachusetts in
federal waters approximately 270 to 290 ft (82 to 88 m) in depth. This
facility delivers regasified LNG to onshore markets via the Algonquin
Pipeline Lateral (Pipeline Lateral). The Pipeline Lateral consists of a
16.1-mile (25.8-kilometer) long, 24-inch (61-centimeter) outside
diameter natural gas pipeline which interconnects the Port to an
offshore natural gas pipeline known as the HubLine.
The Northeast Gateway Port consists of two subsea Submerged Turret
LoadingTM (STL) buoys, each with a flexible riser assembly
and a manifold connecting the riser assembly, via a steel Flowline, to
the subsea Pipeline Lateral. Northeast Gateway utilizes vessels from
its current fleet of specially designed Energy BridgeTM
Regasification Vessels (EBRVs), each capable of transporting
approximately 2.9 billion ft\3\ (82 million m\3\) of natural gas
condensed to 4.9 million ft\3\ (138,000 m\3\) of LNG. Northeast Gateway
has recently added two vessels to its fleet that have a cargo capacity
of approximately 151,000 m\3\ (5.3 million ft\3\). The mooring system
installed at the Northeast Gateway Port is designed to handle each
class of vessel. The EBRVs would dock to the STL buoys, which would
serve as both the single-point mooring system for the vessels and the
delivery conduit for natural gas. Each of the STL buoys is secured to
the seafloor using a series of suction anchors and a combination of
chain/cable anchor lines.
NEG Port Operations
During NEG Port operations, EBRVs servicing the NEG Port would
utilize the International Maritime Organization (IMO)-approved Boston
Traffic Separation Scheme (TSS) to delivery LNG to the NEG Port
facility. When an EBRV arrives at the NEG Port, it would retrieve one
of the two permanently anchored submerged STL buoys. It would make
final connection to the buoy through a series of engine and bow
thruster actions. The EBRV would require the use of thrusters for
dynamic positioning (DP) during docking procedure. Typically, the
docking procedure is completed over a 10- to 30-minute period, with the
thrusters activated as necessary for short periods (bursts in seconds).
During this time period thrusters would be engaged in use for docking
at the NEG Port approximately 10 to 30 minutes for each vessel arrival
and departure. Once connected to the buoy, the EBRV would make ready to
begin vaporizing the LNG into its natural gas state using the onboard
regasification system. As the LNG is regasified, natural gas would be
transferred at pipeline pressures off the EBRV through the STL buoy and
flexible riser via a steel flowline leading to the connecting Algonquin
Pipeline Lateral. When the LNG vessel is on the buoy, wind and current
effects on the
[[Page 69051]]
vessel would be allowed to ``weathervane'' on the single-point mooring
system; therefore, thrusters would not be used to maintain a stationary
position.
According to NEG, it is estimated that the NEG Port could receive
approximately 65 cargo deliveries a year, although none have been
received since February 2010.
Detailed information on the operation activities can be found in
the MARAD/USCG Final EIS on the Northeast Gateway Project (see
ADDRESSES for availability). Detailed information on the LNG facility's
operation and noise generated from operations was also published in the
Federal Register for the proposed IHA for Northeast Gateway's LNG Port
construction and operations on March 13, 2007 (72 FR 11328).
NEG Port Maintenance and Repair
The specified design life of the NEG Port is about 40 years, with
the exception of the anchors, mooring chain/rope, and riser/umbilical
assemblies, which are based on a maintenance-free design life of 20
years. The buoy pick-up system components are considered consumable and
are inspected following each buoy connection, and replaced (from inside
the STL compartment during the normal cargo discharge period) as deemed
necessary. The underwater components of the NEG Port are inspected once
yearly in accordance with Classification Society Rules (American Bureau
of Shipping) using either divers or remotely operated vehicles (ROV) to
inspect and record the condition of the various STL system components.
These activities are conducted using the NEG Port's normal support
vessel (125-foot [38 meter], 99 gross ton, 2,700 horsepower, aluminum
mono-hull vessel), and to the extent possible coincide with planned
weekly visits to the NEG Port.
In addition to these routine activities, there may be instances
whereby unanticipated events at the NEG Port necessitate emergency
maintenance and/or repair activities. While the extent and number of
such maintenance and repair activities at the NEG Port over its
expected 25 year life cannot be accurately estimated, it is reasonable
to assume that a worst-case maintenance and/or repair scenario would
result in similar types of activities and require the use of similar
support vessels and equipment as used for construction. There may also
be certain unanticipated circumstances that require the presence of an
EBRV at the NEG Port to support these maintenance and repair activities
(e.g., maintenance and repair on the STL Buoy, vessel commissioning,
and any onboard equipment malfunction or failure occurring while a
vessel is present for cargo delivery). To assess the impact to marine
mammals from the NEG port maintenance and repair, a 14-day maintenance
period during one calendar is selected. This is based on evaluation of
the potential marine mammal takes associated with similar maintenance
and repair at the Neptune Port Facility in Massachusetts Bay, due to
the fact that both the NEG and Neptune Ports are very similar in their
potential need and type of maintenance and repair of port facilities.
Algonquin Pipeline Lateral Routine Operations and Maintenance
Activities
The planned activities required for the operations and maintenance
(O&M) of the Algonquin Pipeline Lateral and Flowlines over a 1-year
period are limited. Similar to the inspection of the NEG Port
underwater components, the only planned O&M activity is the annual
inspection of the cathodic protection monitors by a ROV. The monitors
are located at the ends of the Algonquin Pipeline Lateral and the
adjacent Flowlines. Each inspection activity would take approximately 3
days and would utilize a ROV launched from a vessel of opportunity. The
most likely vessel would be similar to the NEG Port's normal support
vessel referenced earlier in the document. This vessel is self-
positioning and requires no anchors or use of thrusters. The vessel
would mobilize from Salem, Massachusetts, and would inspect the
monitors in the vicinity of the NEG Port and at the point where the
Algonquin Pipeline Lateral interconnects with Algonquin's HubLine.
These activities would be performed during daylight hours and during
periods of good weather.
Unplanned Pipeline Repair Activities
Unplanned O&M activities may be required from time to time at a
location along the Algonquin Pipeline Lateral or along one of the
Flowlines should the line become damaged or malfunction. Repair
activities requiring limited excavation to access the pipeline or
cathodic protection maintenance are authorized by the FERC certificate.
Should repair work be required, it is likely a dive vessel would be
the main vessel used to support the repair work. The type of diving
spread and the corresponding vessel needed to support the spread would
be dictated by the type of repair work required and the water depth at
the work location. In addition, the type of vessel used may vary
depending upon availability. The duration of an unplanned activity
would also vary depending upon the repair work involved (e.g.,
repairing or replacing a section of the pipeline, connection, or valve)
but can generally be assumed to take less than 40 work days to complete
based on industry experience with underwater pipeline repairs.
A diving spread required to execute an unplanned activity might
necessitate several vessels. Most likely the dive vessel would support
a saturation diving spread and be moored at the work location using
four anchors. Once secured at the work location, the dive vessel would
remain on site through the completion of the work, weather permitting.
A crew/supply boat would be utilized to intermittently provide labor
and supply transfers. Once or twice during the work, a tug may be
required to bring a material barge to and from the location. While
unlikely, there is a small possibility that a second dive vessel would
be required to support the main dive vessel, depending upon the work
activity. The second dive vessel would be on-site for a shorter work
duration. These vessels would be supported from an onshore base located
between Quincy and Gloucester, Massachusetts.
The selection of a dive vessel would be driven by the technical
requirements of the work. In addition, the degree of urgency required
to address the work and the availability of vessels will also enter
into the decision process for securing a dive vessel. It may be that a
four-point moored dive vessel is either not available or doesn't meet
the technical capabilities required by the work. It then becomes
possible that a DP dive vessel may have to be utilized. The use of a DP
dive vessel removes the need for an attendant tug to support the vessel
since no anchors will be deployed. However, potential impacts related
to noise are increased when a DP dive vessel is used. The noise
generated by a DP dive vessel varies, and results from the use of the
thrusters which run at various levels to maintain the vessel's position
during the work depending upon currents, winds, waves and other forces
acting on the vessel at the time of the work.
Description of Marine Mammals in the Area of the Specified Activities
Marine mammal species that potentially occur in the vicinity of the
Northeast Gateway facility include several species of cetaceans and
pinnipeds:
North Atlantic right whale (Eubalaena glacialis),
[[Page 69052]]
humpback whale (Megaptera novaeangliae),
fin whale (Balaenoptera physalus),
minke whale (B. acutorostrata),
long-finned pilot whale (Globicephala melas),
Atlantic white-sided dolphin (Lagenorhynchus acutus),
bottlenose dolphin (Tursiops truncatus),
coPSOn dolphin (Delphinus delphis),
killer whale (Orcinus orca),
Risso's dolphin (Grampus griseus),
harbor porpoise (Phocoena phocoena),
harbor seal (Phoca vitulina), and
gray seal (Halichoerus grypus).
Information on those species that may be affected by this activity
is discussed in detail in the USCG Final EIS on the Northeast Gateway
LNG proposal. Please refer to that document for more information on
these species and potential impacts from construction and operation of
this LNG facility. In addition, general information on these marine
mammal species can also be found in W[uuml]rsig et al. (2000) and in
the NMFS Stock Assessment Reports (Waring et al., 2013). This latter
document is available at: http://www.nmfs.noaa.gov/pr/sars/pdf/ao2012.pdf. An updated summary on several PSO-sighted marine mammal
species distribution and abundance in the vicinity of the proposed
action area is provided below.
Humpback Whale
The highest abundance for humpback whales is distributed primarily
along a relatively narrow corridor following the 100-m (328 ft) isobath
across the southern Gulf of Maine from the northwestern slope of
Georges Bank, south to the Great South Channel, and northward alongside
Cape Cod to Stellwagen Bank and Jeffreys Ledge. The relative abundance
of whales increases in the spring with the highest occurrence along the
slope waters (between the 40- and 140-m, or 131- and 459-ft, isobaths)
off Cape Cod and Davis Bank, Stellwagen Basin and Tillies Basin and
between the 50- and 200-m (164- and 656-ft) isobaths along the inner
slope of Georges Bank. High abundance is also estimated for the waters
around Platts Bank. In the summer months, abundance increases markedly
over the shallow waters (<50 m, or <164 ft) of Stellwagen Bank, the
waters (100-200 m, or 328-656 ft) between Platts Bank and Jeffreys
Ledge, the steep slopes (between the 30- and 160-m isobaths) of Phelps
and Davis Bank north of the Great South Channel towards Cape Cod, and
between the 50- and 100-m (164- and 328-ft) isobath for almost the
entire length of the steeply sloping northern edge of Georges Bank.
This general distribution pattern persists in all seasons except
winter, when humpbacks remain at high abundance in only a few locations
including Porpoise and Neddick Basins adjacent to Jeffreys Ledge,
northern Stellwagen Bank and Tillies Basin, and the Great South
Channel. The best estimate of abundance for Gulf of Maine, formerly
western North Atlantic, humpback whales is 847 animals (Waring et al.,
2009). Current data suggest that the Gulf of Maine humpback whale stock
is steadily increasing in size, which is consistent with an estimated
average trend of 3.1 percent in the North Atlantic population overall
for the period 1979-1993 (Stevick et al., 2003, cited in Waring et al.,
2009).
Fin Whale
Spatial patterns of habitat utilization by fin whales are very
similar to those of humpback whales. Spring and summer high-use areas
follow the 100-m (328 ft) isobath along the northern edge of Georges
Bank (between the 50- and 200-m (164- and 656-ft) isobaths), and
northward from the Great South Channel (between the 50- and 160-m, or
164- and 525-ft, isobaths). Waters around Cashes Ledge, Platts Bank,
and Jeffreys Ledge are all high-use areas in the summer months.
Stellwagen Bank is a high-use area for fin whales in all seasons, with
highest abundance occurring over the southern Stellwagen Bank in the
summer months. In fact, the southern portion of the Stellwagen Bank
National Marine Sanctuary (SBNMS) is used more frequently than the
northern portion in all months except winter, when high abundance is
recorded over the northern tip of Stellwagen Bank. In addition to
Stellwagen Bank, high abundance in winter is estimated for Jeffreys
Ledge and the adjacent Porpoise Basin (100- to 160-m, 328- to 656-ft,
isobaths), as well as Georges Basin and northern Georges Bank. The best
estimate of abundance for the western North Atlantic stock of fin
whales is 2,269 (Waring et al., 2009). Currently, there are
insufficient data to determine population trends for this species.
Minke Whale
Like other piscivorous baleen whales, highest abundance for minke
whale is strongly associated with regions between the 50- and 100-m
(164- and 328-ft) isobaths, but with a slightly stronger preference for
the shallower waters along the slopes of Davis Bank, Phelps Bank, Great
South Channel and Georges Shoals on Georges Bank. Minke whales are
sighted in the SBNMS in all seasons, with highest abundance estimated
for the shallow waters (approximately 40 m, or 131 ft) over southern
Stellwagen Bank in the summer and fall months. Platts Bank, Cashes
Ledge, Jeffreys Ledge, and the adjacent basins (Neddick, Porpoise and
Scantium) also support high relative abundance. Very low densities of
minke whales remain throughout most of the southern Gulf of Maine in
winter. The best estimate of abundance for the Canadian East Coast
stock, which occurs from the western half of the Davis Strait to the
Gulf of Mexico, of minke whales is 3,312 animals (Waring et al., 2009).
Currently, there are insufficient data to determine population trends
for this species.
North Atlantic Right Whale
North Atlantic right whales are generally distributed widely across
the southern Gulf of Maine in spring with highest abundance located
over the deeper waters (100- to 160-m, or 328- to 525-ft, isobaths) on
the northern edge of the Great South Channel and deep waters (100-300
m, 328-984 ft) parallel to the 100-m (328-ft) isobath of northern
Georges Bank and Georges Basin. High abundance is also found in the
shallowest waters (<30 m, or <98 ft) of Cape Cod Bay, over Platts Bank
and around Cashes Ledge. Lower relative abundance is estimated over
deep-water basins including Wilkinson Basin, Rodgers Basin and Franklin
Basin. In the summer months, right whales move almost entirely away
from the coast to deep waters over basins in the central Gulf of Maine
(Wilkinson Basin, Cashes Basin between the 160- and 200-m, or 525- and
656-ft, isobaths) and north of Georges Bank (Rogers, Crowell and
Georges Basins). Highest abundance is found north of the 100-m (328-ft)
isobath at the Great South Channel and over the deep slope waters and
basins along the northern edge of Georges Bank. The waters between
Fippennies Ledge and Cashes Ledge are also estimated as high-use areas.
In the fall months, right whales are sighted infrequently in the Gulf
of Maine, with highest densities over Jeffreys Ledge and over deeper
waters near Cashes Ledge and Wilkinson Basin. In winter, Cape Cod Bay,
Scantum Basin, Jeffreys Ledge, and Cashes Ledge were the main high-use
areas. Although SBNMS does not appear to support the highest abundance
of right whales, sightings within SBNMS are reported for all four
seasons, albeit at low relative abundance. Highest sighting within
SBNMS occurred along the southern edge of the Bank.
The western North Atlantic population size was estimated to be at
[[Page 69053]]
least 345 individuals in 2005 based on a census of individual whales
identified using photo-identification techniques (Waring et al., 2009).
This value is a minimum and does not include animals that were alive
prior to 2003 but not recorded in the individual sightings database as
seen from December 1, 2003, to October 10, 2008. It also does not
include calves known to be born during 2005 or any other individual
whale seen during 2005 but not yet entered into the catalog (Waring et
al., 2009). Examination of the minimum alive population index
calculated from the individual sightings database, as it existed on
October 10, 2008, for the years 1990-2005 suggests a positive trend in
numbers. These data reveal a significant increase in the number of
catalogued whales alive during this period but with significant
variation due to apparent losses exceeding gains during 1998-1999. Mean
growth rate for the period 1990-2005 was 1.8 percent (Waring et al.,
2009).
Long-Finned Pilot Whale
The long-finned pilot whale is more generally found along the edge
of the continental shelf (a depth of 330 to 3,300 ft, or 100 to 1,000
m), choosing areas of high relief or submerged banks in cold or
temperate shoreline waters. This species is split between two
subspecies: The Northern and Southern subspecies. The Southern
subspecies is circumpolar with northern limits of Brazil and South
Africa. The Northern subspecies, which could be encountered during
operation of the NEG Port, ranges from North Carolina to Greenland
(Reeves et al., 2002; Wilson and Ruff, 1999). In the western North
Atlantic, long-finned pilot whales are pelagic, occurring in especially
high densities in winter and spring over the continental slope, then
moving inshore and onto the shelf in summer and autumn following squid
and mackerel populations (Reeves et al., 2002). They frequently travel
into the central and northern Georges Bank, Great South Channel, and
Gulf of Maine areas during the summer and early fall (May and October)
(NOAA, 1993). According to the species stock report, the population
estimate for the Western North Atlantic long-finned pilot whale is
26,535 individuals (Waring et al., 2010). Currently, there are
insufficient data to determine population trends for the long-finned
pilot whale.
Atlantic White-Sided Dolphin
In spring, summer and fall, Atlantic white-sided dolphins are
widespread throughout the southern Gulf of Maine, with the high-use
areas widely located either side of the 100-m (328-ft) isobath along
the northern edge of Georges Bank, and north from the Great South
Channel to Stellwagen Bank, Jeffreys Ledge, Platts Bank and Cashes
Ledge. In spring, high-use areas exist in the Great South Channel,
northern Georges Bank, the steeply sloping edge of Davis Bank and Cape
Cod, southern Stellwagen Bank and the waters between Jeffreys Ledge and
Platts Bank. In summer, there is a shift and expansion of habitat
toward the east and northeast. High-use areas are identified along most
of the northern edge of Georges Bank between the 50- and 200-m (164-
and 656-ft) isobaths and northward from the Great South Channel along
the slopes of Davis Bank and Cape Cod. High numbers of sightings are
also recorded over Truxton Swell, Wilkinson Basin, Cashes Ledge and the
bathymetrically complex area northeast of Platts Bank. High numbers of
sightings of white-sided dolphin are recorded within SBNMS in all
seasons, with highest density in summer and most widespread
distributions in spring located mainly over the southern end of
Stellwagen Bank. In winter, high numbers of sightings are recorded at
the northern tip of Stellwagen Bank and Tillies Basin.
A comparison of spatial distribution patterns for all baleen whales
(Mysticeti) and all porpoises and dolphins combined show that both
groups have very similar spatial patterns of high- and low-use areas.
The baleen whales, whether piscivorous or planktivorous, are more
concentrated than the dolphins and porpoises. They utilize a corridor
that extended broadly along the most linear and steeply sloping edges
in the southern Gulf of Maine indicated broadly by the 100 m (328 ft)
isobath. Stellwagen Bank and Jeffreys Ledge support a high abundance of
baleen whales throughout the year. Species richness maps indicate that
high-use areas for individual whales and dolphin species co-occur,
resulting in similar patterns of species richness primarily along the
southern portion of the 100-m (328-ft) isobath extending northeast and
northwest from the Great South Channel. The southern edge of Stellwagen
Bank and the waters around the northern tip of Cape Cod are also
highlighted as supporting high cetacean species richness. Intermediate
to high numbers of species are also calculated for the waters
surrounding Jeffreys Ledge, the entire Stellwagen Bank, Platts Bank,
Fippennies Ledge and Cashes Ledge. The best estimate of abundance for
the western North Atlantic stock of white-sided dolphins is 63,368
(Waring et al., 2009). A trend analysis has not been conducted for this
species.
Killer Whale, CoPSOn Dolphin, Bottlenose Dolphin, Risso's Dolphin, and
Harbor Porpoise
Although these five species are some of the most widely distributed
small cetacean species in the world (Jefferson et al., 1993), they are
not coPSOnly seen in the vicinity of the proposed project area in
Massachusetts Bay (Wiley et al., 1994; NCCOS, 2006; Northeast Gateway
Marine Mammal Monitoring Weekly Reports, 2007). The total number of
killer whales off the eastern U.S. coast is unknown, and present data
are insufficient to calculate a minimum population estimate or to
determine the population trends for this stock (Blaylock et al., 1995).
The best estimate of abundance for the western North Atlantic stock of
coPSOn dolphins is 120,743 animals, and a trend analysis has not been
conducted for this species (Waring et al., 2007). There are several
stocks of bottlenose dolphins found along the eastern U.S. from Maine
to Florida. The stock that may occur in the area of the Neptune Port is
the western North Atlantic coastal northern migratory stock of
bottlenose dolphins. The best estimate of abundance for this stock is
7,489 animals (Waring et al., 2009). There are insufficient data to
determine the population trend for this stock. The best estimate of
abundance for the western North Atlantic stock of Risso's dolphins is
20,479 animals (Waring et al., 2009). There are insufficient data to
determine the population trend for this stock. The best estimate of
abundance for the Gulf of Maine/Bay of Fundy stock of harbor porpoise
is 89,054 animals (Waring et al., 2009). A trend analysis has not been
conducted for this species.
Harbor Seal and Gray Seal
In the U.S. waters of the western North Atlantic, both harbor and
gray seals are usually found from the coast of Maine south to southern
New England and New York (Waring et al., 2010).
Along the southern New England and New York coasts, harbor seals
occur seasonally from September through late May (Schneider and Payne,
1983). In recent years, their seasonal interval along the southern New
England to New Jersey coasts has increased (deHart, 2002). In U.S.
waters, harbor seal breeding and pupping normally occur in waters north
of the New Hampshire/Maine border, although breeding has occurred as
far south as Cape Cod in the early part of the 20th century (Temte et
al., 1991; Katona et al., 1993). The best estimate of abundance for the
western
[[Page 69054]]
North Atlantic stock of harbor seals is 99,340 animals (Waring et al.,
2009). Between 1981 and 2001, the uncorrected counts of seals increased
from 10,543 to 38,014, an annual rate of 6.6 percent (Gilbert et al.,
2005, cited in Waring et al., 2009).
Although gray seals are often seen off the coast from New England
to Labrador, within the U.S. waters, only small numbers of gray seals
have been observed pupping on several isolated islands along the Maine
coast and in Nantucket-Vineyard Sound, Massachusetts (Katona et al.,
1993; Rough, 1995). In the late 1990s, a year-round breeding population
of approximately 400 gray seals was documented on outer Cape Cod and
Muskeget Island (Warring et al., 2007). Depending on the model used,
the minimum estimate for the Canadian gray seal population was
estimated to range between 125,541 and 169,064 animals (Trzcinski et
al., 2005, cited in Waring et al., 2009); however, present data are
insufficient to calculate the minimum population estimate for U.S.
waters. Waring et al. (2009) note that gray seal abundance in the U.S.
Atlantic is likely increasing, but the rate of increase is unknown.
Potential Effects of the Specified Activity on Marine Mammals
The proposed NEG LNG port operations and maintenance and repair
activities could adversely affect marine mammal species and stocks by
exposing them to elevated noise levels in the vicinity of the activity
area.
Marine mammals exposed to high intensity sound repeatedly or for
prolonged periods can experience hearing threshold shift (TS), which is
the loss of hearing sensitivity at certain frequency ranges (Kastak et
al. 1999; Schlundt et al. 2000; Finneran et al. 2002; 2005). TS can be
permanent (PTS), in which case the loss of hearing sensitivity is
unrecoverable, or temporary (TTS), in which case the animal's hearing
threshold will recover over time (Southall et al. 2007). Since marine
mammals depend on acoustic cues for vital biological functions, such as
orientation, communication, finding prey, and avoiding predators,
marine mammals that suffer from PTS or TTS will have reduced fitness in
survival and reproduction, either permanently or temporarily. Repeated
noise exposure that leads to TTS could cause PTS. Currently, NMFS
considers that repeated exposure to received noise levels at 180 dB and
190 dB re 1 [mu]Pa (rms) could lead to TTS in cetaceans and pinnipeds,
respectively.
In addition, chronic exposure to excessive, though not high-
intensity, noise could cause masking at particular frequencies for
marine mammals that utilize sound for vital biological functions (Clark
et al. 2009). Masking can interfere with detection of acoustic signals
such as communication calls, echolocation sounds, and environmental
sounds important to marine mammals. Therefore, under certain
circumstances, marine mammals whose acoustical sensors or environment
are being severely masked could also be impaired from maximizing their
performance fitness in survival and reproduction.
Masking occurs at the frequency band which the animals utilize.
Therefore, since noise generated from in-water vibratory pile driving
and removal is mostly concentrated at low frequency ranges, it may have
less effect on high frequency echolocation sounds by odontocetes
(toothed whales). However, lower frequency man-made noises are more
likely to affect detection of communication calls and other potentially
important natural sounds such as surf and prey noise. It may also
affect communication signals when they occur near the noise band and
thus reduce the communication space of animals (e.g., Clark et al.
2009) and cause increased stress levels (e.g., Foote et al. 2004; Holt
et al. 2009).
Unlike TS, masking can potentially affect the species at
population, community, or even ecosystem levels, as well as individual
levels. Masking affects both senders and receivers of the signals and
could have long-term chronic effects on marine mammal species and
populations. Recent science suggests that low frequency ambient sound
levels have increased by as much as 20 dB (more than 3 times in terms
of SPL) in the world's ocean from pre-industrial periods, and most of
these increases are from distant shipping (Hildebrand 2009). All
anthropogenic noise sources, such as those from vessel traffic, vessel
docking and stationing while operating dynamic positioning (DP)
thrusters, dredging and pipe laying associated with LNG Port and
Pipeline Lateral maintenance and repair, and LNG regasification
activities, contribute to the elevated ambient noise levels, thus
increasing potential for or severity of masking.
Finally, exposure of marine mammals to certain sounds could lead to
behavioral disturbance (Richardson et al. 1995), such as: Changing
durations of surfacing and dives, number of blows per surfacing, or
moving direction and/or speed; reduced/increased vocal activities,
changing/cessation of certain behavioral activities (such as
socializing or feeding); visible startle response or aggressive
behavior (such as tail/fluke slapping or jaw clapping), avoidance of
areas where noise sources are located, and/or flight responses (e.g.,
pinnipeds flushing into water from haulouts or rookeries).
The biological significance of many of these behavioral
disturbances is difficult to predict, especially if the detected
disturbances appear minor. However, the consequences of behavioral
modification are expected to be biologically significant if the change
affects growth, survival, and/or reproduction.
The onset of behavioral disturbance from anthropogenic noise
depends on both external factors (characteristics of noise sources and
their paths) and the receiving animals (hearing, motivation,
experience, demography) and is also difficult to predict (Southall et
al. 2007). Currently NMFS uses 160 dB re 1 [mu]Pa (rms) at received
level for impulse noises (such as impact pile driving) as the onset of
marine mammal behavioral harassment, and 120 dB re 1 [mu]Pa (rms) for
non-impulse noises (such as operating DP thrusters, dredging, pipe
laying, and LNG regasification). For the NEG Port and Algonquin
Pipeline Lateral operations and maintenance and repair activities, only
the 120 dB re 1 [mu]Pa (rms) threshold is considered because only non-
impulse noise sources would be generated.
Northeast Gateway contracted with Tetra Tech EC, Inc. (Tetra Tech)
to perform field investigations to document various underwater noise
levels emitted during the construction of the NEG Port and Algonquin
Pipeline Lateral and during the operation of NEG Port facilities
(namely the operation of EBRVs). Tetra Tech conducted five offshore
hydroacoustic field programs: One in 2005 and one in 2006 at the Gulf
Gateway Deepwater Port located approximately 116 miles off the coast of
Louisiana in the Gulf of Mexico; and three in 2007 at the NEG Port and
Algonquin Pipeline Lateral Project area. The 2005 measurements were
completed to determine underwater noise levels during EBRV onboard
regasification and vessel movements. The data from the 2005 field
program was used to support the modeling and analysis of potential
acoustic effects of EBRV operations in Massachusetts Bay during the NEG
Port permitting and licensing process. The data collected in 2006 was
also associated with EBRV operation activities and were collected for
the purpose of verifying the measurement completed in 2005 as well as
to further document sound levels
[[Page 69055]]
during additional operational and EBRV activities such as EBRV coupling
and decoupling from the buoy system, transit and the use of stern and
bow thrusters required for dynamic positioning. The 2007 measurements
were collected during NEG Port and Algonquin Pipeline Lateral
construction to obtain site-specific underwater sound-level data
associated with various construction activities that were previously
modeled in support of permitting and licensing. These data are used
here to analyze potential noise impacts to marine mammals and to
provide the basis for take calculation before new measurements are made
on-site (see Proposed Monitoring Measures section below).
A detailed report describing both the 2006 and 2007 operation and
construction noise measurement events and associated results have been
included as Appendix B of the IHA application. The following sections
describe those activities that could result in Level B harassment as
they relate to NEG Port and Algonquin O&M activities.
NEG Port Operations
For the purposes of understanding the noise footprint of operations
at the NEG Port, measurements taken to capture operational noise
(docking, undocking, regasification, and EBRV thruster use) during the
2006 Gulf of Mexico field event were taken at the source. Measurements
taken during EBRV transit were normalized to a distance of 328 feet
(100 meters) to serve as a basis for modeling sound propagation at the
NEG Port site in Massachusetts Bay.
Sound propagation calculations for operational activities were then
completed at two positions in Massachusetts Bay to determine site-
specific distances to the 120/160/180 dB re 1 [micro]Pa isopleths: At
LNG Port (EBRV Operations) and at Boston TSS (EBRV Transit).
At each of these locations sound propagation calculations were
performed to determine the noise footprint of the operation activity at
each of the specified locations. Calculations were performed in
accordance with Marsh and Schulkin (1985) and Richardson et al (1995)
and took into consideration aspects of water depth, sea state,
bathymetry, and seabed composition. In addition, the acoustic modeling
performed specifically evaluated sound energy in 1/3-octave spectral
bands covering frequencies from 12.5 hertz (Hz) to 20 kilohertz (kHz).
This range encompasses the auditory frequency range of marine mammals
and the range at which sound propagates beyond the immediate vicinity
of the source (i.e., high frequency sounds have a much higher
attenuation rate than frequencies in the low to middle range due to a
higher absorption rate by seawater and boundary effects). These results
were then summed across frequencies to provide the broadband received
levels at receptor locations. A literature review of relevant
underwater noise measurement data of offshore construction activities
in similar shallow water environments were referred to for estimating
typical propagation rates. Relevant here, the resulting distances to
the 120 dB isopleth (180 dB re 1 [micro]Pa does not exist) was
estimated to determine the maximum distance at which Level B harassment
may occur.
To further understand how NEG Port activities may result in
underwater noise that could harass marine mammals, Northeast Gateway
has engaged scientists from Cornell University's Bioacoustics Research
Program (BRP) and the Woods Hole Oceanographic Institution (WHOI) as
the consultants for collecting and analyzing the acoustic data
throughout the project area (see sections 13.0 and 14.0 of the IHA
application). Elevated underwater sound levels within Massachusetts Bay
due to this existing vessel traffic and other Bay activities may
effectively mask sound generated during Port activities. Sound levels
recorded by marine autonomous recording units (MARUs) within frequency
bands for marine mammals have been reported to include whales, other
biotic and abiotic sound sources and ambient noise that could be
occurring at the time (BRP 2011).
NEG Port Maintenance and Repair
As stated in earlier in the document, routine inspections of NEG
Port mooring components occur after each buoy connection from the
Port's normal support vessel. Inspections of other Port facility
components such as the STL Buoy, flexible riser, mooring system,
pipeline end manifold (PLEM) are conducted annually by a ROV and/or
diver launched from a vessel of opportunity.
In addition to these routine activities, there may be instances
whereby unanticipated events at the NEG Port necessitate emergency
maintenance and/or repair activities. While the extent and number of
such maintenance and repair activities at the NEG Port over its
expected 25 year life cannot be accurately estimated, it is reasonable
to assume that a worst-case maintenance and/or repair scenario would
result in similar types of activities and require the use of similar
support vessels and equipment as used for construction.
Modeling analysis conducted by TetraTech concluded that the only
underwater noise of critical concern during NEG Port construction would
be from vessel noises such as turning screws, engine noise, noise of
operating machinery, and thruster use. To confirm these modeled results
and better understand the noise footprint associated with construction
activities at the NEG Port, field measurements were taken of various
construction activities during the 2007 NEG Port and Algonquin Pipeline
Lateral Construction period. Measurements were taken to establish the
``loudest'' potential construction measurement event. The location at
the LNG Port was used to determine site-specific distances to the 120/
180 dB re 1 [micro]Pa isopleths for NEG Port maintenance and repair
activities.
As described for NEG Port operations, sound propagation
calculations were performed to determine the noise footprint of the
construction activity. The calculations took into consideration aspects
of water depth, sea state, bathymetry, and seabed composition, and
specifically evaluated sound energy in the range that encompasses the
auditory frequencies of marine mammals and at which sound propagates
beyond the immediate vicinity of the source. These results were then
summed across frequencies to provide the broadband received levels at
receptor locations. The resulting distances to the 120 dB isopleth (180
dB re 1 [micro]Pa does not exist) was estimated to determine the
maximum distance at which Level B harassment may occur (Table 1).
Algonquin Pipeline Lateral Operations and Maintenance and Unplanned
Repair
As discussed earlier in the document, routine inspections of the
Algonquin Pipeline Lateral are conducted annually by a ROV launched
from a vessel of opportunity. Planned O&M activity is the annual
inspection of the cathodic protection monitors by a ROV. The monitors
are located at the ends of the Algonquin Pipeline Lateral and the
adjacent Flowlines. Each inspection activity will take approximately 3
days and will utilize a ROV launched from a vessel of opportunity. The
most likely vessel will be similar to the NEG Port's normal support
vessel.
In addition to these routine activities, there may be instances
whereby unanticipated events at the NEG Port and Algonquin Pipeline
Lateral necessitate emergency maintenance and/or repair activities.
While the extent
[[Page 69056]]
and number of such maintenance and repair activities at the Port over
its expected 25 year life cannot be accurately estimated, it is
reasonable to assume that a worst-case maintenance and/or repair
scenario would result in similar types of activities and require the
use of similar support vessels and equipment as used for construction.
Modeling analysis conducted in support of the final EIS/EIR
concluded that the only underwater noise of critical concern during NEG
Port and Algonquin Pipeline Lateral construction would be from vessel
noises such as turning screws, engine noise, noise of operating
machinery, and thruster use. As with construction noise at the NEG
Port, to confirm modeled results and better understand the noise
footprint associated with construction activities along the Algonquin
Pipeline Lateral, field measurements were taken of various construction
activities during the 2007 NEG Port and Algonquin Pipeline Lateral
Construction period. Again, measurements were taken to establish the
``loudest'' potential construction measurement event. Two positions
within Massachusetts Bay were then used to determine site-specific
distances to the 120/180 dB re 1 [micro]Pa isopleths: at PLEM and at
Mid-Pipeline.
As described for NEG Port operations and maintenance and repair, at
each location sound propagation calculations were performed to
determine the noise footprint of the construction activity at each of
the specified locations. The resulting distances to the 120 dB isopleth
(180 dB re 1 [micro]Pa does not exist) was estimated to determine the
maximum distance at which Level B harassment may occur (Table 1).
Table 1--Modeled Underwater Received Sound Pressure Levels and Distances
to Threshold Levels for NEG Port and Algonquin Pipeline Lateral
Operations and Maintenance and Repair Activities
------------------------------------------------------------------------
Estimated distance
(m) from source
Activities where received SPL
falls below 120 dB
re 1 [micro]Pa
------------------------------------------------------------------------
NEG Port Operations:
EBRV docking with support vessel at Port...... 4,250
EBRV docking with support vessels on station.. 5,500
EBRV regasification........................... < 300
EBRV transiting TSS........................... 1,750
NEG Port Maintenance and Repair:
Barge/tug (with load)/construction vessel..... 2,560
Algonquin Pipeline Lateral O&M and Unplanned
Repair:
Barge/tug (with load)/construction vessel at 3,500
PLEM.........................................
Barge/tug (with load)/construction vessel at 2,831
Mid-pipeline.................................
------------------------------------------------------------------------
Potential Effects on Marine Mammal Habitat
NEG Port Operations
Operation of the NEG Port will not result in short-term effects;
however, long-term effects on the marine environment, including
alteration of the seafloor conditions, continued disturbance of the
seafloor, regular withdrawal of sea water, and regular generation of
underwater noise, will result from Port operations. Specifically, a
small area (0.14 acre) along the Pipeline Lateral has been permanently
altered (armored) at two cable crossings. In addition, the structures
associated with the NEG Port (flowlines, mooring wire rope and chain,
suction anchors, and pipeline end manifolds) occupy 4.8 acres of
seafloor. An additional area of the seafloor of up to 43 acres (worst
case scenario based on severe 100-year storm with EBRVs occupying both
STL buoys) will be subject to disturbance due to chain sweep while the
buoys are occupied. Given the relatively small size of the NEG Port
area that will be directly affected by Port operations, NMFS does not
anticipate that habitat loss will be significant.
EBRVs are currently authorized to withdraw an average of 4.97
million gallons per day (mgd) and 2.6 billion gallons per year of sea
water for general ship operations during it cargo delivery activities
at the NEG Port. However, during the operations of the NEG Port
facility, it was revealed that significantly more water usage is needed
from what was originally evaluated in the final USCG Environmental
Impact Statement/Environmental Impact Report (EIS/EIR). The updates for
the needed water intake and discharge temperature are:
11 billion gallons of total annual water use at the Port;
Maximum daily intake volume of up to 56 mgd at a rate of
0.45 feet per second when an EBRV is not able to achieve the heat
recovery system (HRS: It is the capability of reducing water use during
the regasification process) mode of operation; and,
Maximum daily change in discharge temperature of 12 [deg]C
(21.6 [deg]F) from ambient from the vessel's main condenser cooling
system.
Under the requested water-use scenario, Tech Tech (2011) conducted
an environmental analysis on the potential impacts to marine mammals
and their prey. To evaluate impacts to phytoplankton under the
increased water usage, the biomass of phytoplankton lost from the
Massachusetts Bay ecosystem was estimated based on the method presented
in the final EIS/EIR. Phytoplankton densities of 65,000 to 390,000
cells/gallon were multiplied by the annual planned activities of
withdrawal rate of 11 billion gallons to estimate a loss of 7.15 x
10\14\ to 4.29 x 10\15\ cells per year. Assuming a dry-weight biomass
of 10-\10\ to 10-\11\ gram per cell (g/cell), an
estimated 7.2 kg to 429 kg of biomass would be lost from Massachusetts
Bay under the proposed activity, up to approximately 4.2 times that
estimated in the final EIS/EIR for the permitted operational scenario.
An order of magnitude estimate of the effect of this annual biomass
loss on the regional food web can be calculated assuming a 10 percent
transfer of biomass from one trophic level to the next (Sumich 1988)
following the method used in the final EIS/EIR. This suggests that the
loss of 7.2 kg to 429 kg of phytoplankton will result in the loss of
about 0.7 kg to 42.9 kg of zooplankton, less than 0.1 kg to 4.3 kg of
small planktivorous fish, and up to
[[Page 69057]]
0.4 kg of large piscivorous fish (approximately equivalent to a single
1-pound striped bass). Relative to the biomass of these trophic levels
in the project area, this biomass loss is minor and consistent with the
findings in the final EIS/EIR.
In addition, zooplankton losses will also increase proportionally
to the increase in water withdrawn. The final EIS/EIR used densities of
zooplankton determined by the sampling conducted by the Massachusetts
Water Resource Authority (MWRA) to characterize the area around its
offshore outfall and assumed a mean zooplankton density of 34.9 x 10\3\
organisms per m\3\. Applying this density, the water withdrawal volume
under the proposed activity would result in the entrainment of 2.2 x
10\10\ zooplankton individuals per trip or 1.5 x 10\12\ individuals per
year. Assuming an average biomass of 0.63 x 10-\6\ g per
individual, this would result in the loss of 14.1 kg of zooplankton per
shipment or 916.5 kg of zooplankton per year. As discussed for
phytoplankton, biomass transfers from one trophic level to the next at
a rate of about 10 percent. Therefore, this entrainment of zooplankton
would result in loss of about 91.6 kg of planktivorous fish and 9.2 kg
of large piscivorous fish (approximately equivalent to two 9-pound
striped bass). These losses are minor relative to the total biomass of
these trophic levels in Massachusetts Bay.
Finally, ichthyoplankton (fish eggs and larvae) losses and
equivalent age one juvenile fish estimates under the proposed activity
were made based on actual monthly ichthyoplankton data collected in the
port area from October 2005 through December 2009 and the proposed
activity withdrawal volume of 11 billion gallons per year evenly
distributed among months (0.92 billion gallons per month) as a worst-
case scenario, representing the maximum number of Port deliveries
during any given month. Similarly, the lower, upper, and mean annual
entrainment estimates are based on the lower and upper 95 percent
confidence limits, of the monthly mean ichthyoplankton densities, and
the monthly mean estimates multiplied by the monthly withdrawal rate of
0.92 billion gallons per month. At this withdrawal rate approximately
106 million eggs and 67 million larvae are estimated to be lost (see
Table 4.2-2 of the IHA application). The most abundant species and life
stages estimated to be entrained under the proposed activity are cunner
post yolk-sac larvae (33.3 million), yellowtail flounder/Labridae eggs
(27.4 million) and hake species eggs (18.7 million). Together, these
species and life stages accounted for approximately 46 percent of the
total entrainment estimated. Entrainment was estimated to be highest in
June through July when 97.4 million eggs and larvae (approximately 57
percent of the annual total) were estimated to be entrained.
Nevertheless, since the demand for natural gas and corresponding Port
activities will likely be greatest during the winter heating season
(November through March) when impacts from entrainment will likely be
lower.
These estimated losses are not significant given the very high
natural mortality of ichthyoplankton. This comparison was done in the
final EIS/EIR where ichthyoplankton losses based on historic regional
ichthyoplankton densities and a withdrawal rate of approximately 2.6
billion gallons per year were represented by the equivalent number of
age one fish. Under the final EIS/EIR withdrawal scenario, equivalent
age one losses due to entrainment ranged from 1 haddock to 43,431 sand
lance (Tetra Tech 2010). Equivalent age one losses under the conditions
when no NEG Port operation occurrence were recalculated using Northeast
Gateway monitoring data in order to facilitate comparisons between the
permitted scenario. Using Northeast Gateway monitoring data, withdrawal
of 2.6 billion gallons per year would result in equivalent age one
losses ranging from less than 1 haddock to 5,602 American sand lance.
By comparison, equivalent age one losses under the proposed activity
withdrawal rate of 11 billion gallons per year ranged from less than 1
haddock to 23,701 sand lance and were generally similar to or less than
those in the final EIS/EIR. Substantially more equivalent age one
Atlantic herring, pollock, and butterfish were estimated to be lost
under the final EIS/EIR at a withdrawal rate of 2.6 billion gallons per
year, while substantially more equivalent age one Atlantic cod, silver
hake and hake species, cunner, and Atlantic mackerel are estimated to
be lost under the proposed activity.
Although no reliable annual food consumption rates of baleen whales
are available for comparison, based on the calculated quantities of
phytoplankton, zooplankton, and ichthyoplankton removal analyzed above,
it is reasonable to conclude that baleen whale predation rates would
dwarf any reasonable estimates of prey removals by NEG Port operations.
Therefore, NMFS believes that the prey removals by NEG Port operations
resulting from water usage will have negligible impacts on marine
mammal habitat.
NEG Port Maintenance
As stated earlier, NEG LNG Port will require scheduled maintenance
inspections using either divers or ROVs. The duration of these
inspections are not anticipated to be more than two 8-hour working
days. An EBRV will not be required to support these annual inspections.
Water usage during the LNG Port maintenance would be limited to the
standard requirements of NEG's normal support vessel. As with all
vessels operating in Massachusetts Bay, sea water uptake and discharge
is required to support engine cooling, typically using a once-through
system. The rate of seawater uptake varies with the ship's horsepower
and activity and therefore will differ between vessels and activity
type. For example, the Gateway Endeavor is a 90-foot vessel powered
with a 1,200 horsepower diesel engine with a four-pump seawater cooling
system. This system requires seawater intake of about 68 gallons per
minute (gpm) while idling and up to about 150 gpm at full power. Use of
full power is required generally for transit. A conservatively high
estimate of vessel activity for the Gateway Endeavor would be operation
at idle for 75 percent of the time and full power for 25 percent of the
time. During the routine activities this would equate to approximately
42,480 gallons of seawater per 8-hour work day. When compared to the
engine cooling requirements of an EBRV over an 8-hour period
(approximately 18 million gallons), the Gateway Endeavour uses about
0.2 percent of the EBRV requirement. To put this water use into
context, potential effects from the waters-use scenario of 56 mgd have
been concluded to be orders of magnitude less than the natural
fluctuations of Massachusetts Bay and Cape Cod Bay and not detectable.
Water use by support vessels during routine port activities would not
materially add to the overall impacts.
Certain maintenance and repair activities may also require the
presence of an EBRV at the Port. Such instances may include maintenance
and repair on the STL Buoy, vessel commissioning, and any onboard
equipment malfunction or failure occurring while a vessel is present
for cargo delivery. Because the requested water-use scenario allows for
daily water use of up to 56 mgd to support standard EBRV requirements
when not operating in the HRS mode, vessels would be able to remain at
the Port as necessary to support all such maintenance and repair
scenarios. Therefore, NMFS considers that NEG Port maintenance and
repair
[[Page 69058]]
would have negligible impacts to marine mammal habitat in the proposed
activity area.
Unanticipated Algonquin Pipeline Lateral Maintenance and Repair
As stated earlier, proper care and maintenance of the Algonquin
Pipeline Lateral should minimize the likelihood of an unanticipated
maintenance and/or repair event; however, unanticipated activities may
occur from time to time if facility components become damaged or
malfunction. Unanticipated repairs may range from relatively minor
activities requiring minimal equipment and one or two diver/ROV support
vessels to major activities requiring larger construction-type vessels
similar to those used to support the construction and installation of
the facility.
Major repair activities, although unlikely, may include repairing
or replacement of pipeline manifolds or a sections of the Pipeline
Lateral. This type of work would likely require the use of large
specialty construction vessels such as those used during the
construction and installation of the NEG Port and Algonquin Pipeline
Lateral. The duration of a major unplanned activity would depend upon
the type of repair work involved and would require careful planning and
coordination.
Turbidity would likely be a potential effect of Algonquin Pipeline
Lateral maintenance and repair activities on listed species. In
addition, the possible removal of benthic or planktonic species,
resulting from relatively minor construction vessel water use
requirements, as measured in comparison to EBRV water use, is unlikely
to affect in a measurable way the food sources available to marine
mammals. Therefore, NMFS considers that Algonquin Pipeline Lateral
maintenance and repair would have negligible impacts to marine mammal
habitat in the proposed activity area.
Proposed Mitigation Measures
In order to issue an incidental take authorization under Section
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods
of taking pursuant to such activity, and other means of effecting the
least practicable adverse impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such species
or stock for taking for certain subsistence uses.
For the proposed NEG LNG Port operations and maintenance and repair
activities, Excelerate and Tetra Tech worked with NMFS and proposed the
following mitigation measures to minimize the potential impacts to
marine mammals in the project vicinity as a result of the LNG Port and
Algonquin Pipeline Lateral operations and maintenance and repair
activities. The primary purpose of these proposed mitigation measures
is to ensure that no marine mammal would be injured or killed by
vessels transiting the LNG Port facility, and to minimize the intensity
of noise exposure of marine mammals in the activity area. For the
proposed NEG Port and Algonquin Pipeline Lateral operations and
maintenance and repair, the following mitigation measures are proposed.
(a) General Marine Mammal Avoidance Measures
(i) All vessels shall utilize the International Maritime
Organization (IMO)-approved Boston Traffic Separation Scheme (TSS) on
their approach to and departure from the NEG Port and/or the repair/
maintenance area at the earliest practicable point of transit in order
to avoid the risk of whale strikes.
(ii) Upon entering the TSS and areas where North Atlantic right
whales are known to occur, including the Great South Channel Seasonal
Management Area (GSC-SMA) and the SBNMS, the EBRV shall go into
``Heightened Awareness'' as described below.
(A) Prior to entering and navigating the modified TSS the Master of
the vessel shall:
(I) Consult Navigational Telex (NAVTEX), NOAA Weather Radio, the
NOAA Right Whale Sighting Advisory System (SAS) or other means to
obtain current right whale sighting information as well as the most
recent Cornell acoustic monitoring buoy data for the potential presence
of marine mammals;
(II) Post a look-out to visually monitor for the presence of marine
mammals;
(III) Provide the US Coast Guard (USCG) required 96-hour
notification of an arriving EBRV to allow the NEG Port Manager to
notify Cornell of vessel arrival.
(B) The look-out shall concentrate his/her observation efforts
within the 2-mile radius zone of influence (ZOI) from the maneuvering
EBRV.
(C) If marine mammal detection was reported by NAVTEX, NOAA Weather
Radio, SAS and/or an acoustic monitoring buoy, the look-out shall
concentrate visual monitoring efforts towards the areas of the most
recent detection.
(D) If the look-out (or any other member of the crew) visually
detects a marine mammal within the 2-mile radius ZOI of a maneuvering
EBRV, he/she will take the following actions:
(I) The Officer-of-the-Watch shall be notified immediately; who
shall then relay the sighting information to the Master of the vessel
to ensure action(s) can be taken to avoid physical contact with marine
mammals.
(II) The sighting shall be recorded in the sighting log by the
designated look-out.
(iii) In accordance with 50 CFR 224.103(c), all vessels associated
with NEG Port and Pipeline Lateral activities shall not approach closer
than 500 yards (460 m) to a North Atlantic right whale and 100 yards
(91 m) to other whales to the extent physically feasible given
navigational constraints. In addition, when approaching and departing
the project area, vessels shall be operated so as to remain at least 1
km away from any visually-detected North Atlantic right whales.
(iv) In response to active right whale sightings and active
acoustic detections, and taking into account exceptional circumstances,
EBRVs, repair and maintenance vessels shall take appropriate actions to
minimize the risk of striking whales. Specifically vessels shall:
(A) Respond to active right whale sightings and/or DMAs reported on
the Mandatory Ship Reporting (MSR) or SAS by concentrating monitoring
efforts towards the area of most recent detection and reducing speed to
10 knots or less if the vessel is within the boundaries of a DMA (50
CFR 224.105) or within the circular area centered on an area 8 nm in
radius from a sighting location;
(B) Respond to active acoustic detections by concentrating
monitoring efforts towards the area of most recent detection and
reducing speed to 10 knots or less within an area 5 nm in radius
centered on the detecting AB; and
(C) Respond to additional sightings made by the designated look-
outs within a 2-mile radius of the vessel by slowing the vessel to 10
knots or less and concentrating monitoring efforts towards the area of
most recent sighting.
(v) All vessels operated under NEG and Algonquin must follow the
established specific speed restrictions when calling at the NEG Port.
The specific speed restrictions required for all vessels (i.e., EBRVs
and vessels associated with maintenance and repair) consist of the
following:
(A) Vessels shall reduce their maximum transit speed while in the
TSS from 12 knots or less to 10 knots or less from March 1 to April 30
in all waters bounded by straight lines
[[Page 69059]]
connecting the following points in the order stated below unless an
emergency situation dictates for an alternate speed. This area shall
hereafter be referred to as the Off Race Point Seasonal Management Area
(ORP-SMA) and tracks NMFS regulations at 50 CFR 224.105:
42[deg]30' N 70[deg]30' W 41[deg]40' N 69[deg]57' W
42[deg]30' N 69[deg]45' W 42[deg]12' N 70[deg]15' W
41[deg]40' N 69[deg]45' W 42[deg]12' N 70[deg]30' W
42[deg]04.8' N 70[deg]10' W 42[deg]30' N 70[deg]30' W
(B) Vessels shall reduce their maximum transit speed while in the
TSS to 10 knots or less unless an emergency situation dictates for an
alternate speed from April 1 to July 31 in all waters bounded by
straight lines connecting the following points in the order stated
below. This area shall hereafter be referred to as the GSC-SMA and
tracks NMFS regulations at 50 CFR 224.105:
42[deg]30' N 69[deg]45' W 41[deg]40' N 69[deg]45' W
42[deg]30' N 67[deg]27' W 42[deg]30' N 69[deg]45' W
42[deg]09' N 67[deg]08.4' W 41[deg]00' N 69[deg]05' W
(C) Vessels are not expected to transit the Cape Cod Bay or the
Cape Cod Canal; however, in the event that transit through the Cape Cod
Bay or the Cape Cod Canal is required, vessels shall reduce maximum
transit speed to 10 knots or less from January 1 to May 15 in all
waters in Cape Cod Bay, extending to all shorelines of Cape Cod Bay,
with a northern boundary of 42[deg]12' N latitude and the Cape Cod
Canal. This area shall hereafter be referred to as the Cape Cod Bay
Seasonal Management Area (CCB-SMA).
(D) All Vessels transiting to and from the project area shall
report their activities to the mandatory reporting Section of the USCG
to remain apprised of North Atlantic right whale movements within the
area. All vessels entering and exiting the MSRA shall report their
activities to WHALESNORTH. Vessel operators shall contact the USCG by
standard procedures promulgated through the Notice to Mariner system.
(E) All Vessels greater than or equal to 300 gross tons (GT) shall
maintain a speed of 10 knots or less, unless an emergency situation
requires speeds greater than 10 knots.
(F) All Vessels less than 300 GT traveling between the shore and
the project area that are not generally restricted to 10 knots will
contact the Mandatory Ship Reporting (MSR) system, the USCG, or the
project site before leaving shore for reports of active DMAs and/or
recent right whale sightings and, consistent with navigation safety,
restrict speeds to 10 knots or less within 5 miles (8 kilometers) of
any sighting location, when traveling in any of the seasonal management
areas (SMAs) or when traveling in any active dynamic management area
(DMA).
(b) NEG Port-Specific Operations
(i) In addition to the general marine mammal avoidance requirements
identified in (5)(a) above, vessels calling on the NEG Port must comply
with the following additional requirements:
(A) EBRVs shall travel at 10 knots maximum speed when transiting
to/from the TSS or to/from the NEG Port/Pipeline Lateral area. For
EBRVs, at 1.86 miles (3 km) from the NEG Port, speed will be reduced to
3 knots and to less than 1 knot at 1,640 ft (500 m) from the NEG buoys,
unless an emergency situation dictates the need for an alternate speed.
(B) EBRVs that are approaching or departing from the NEG Port and
are within the ATBA5 surrounding the NEG Port, shall remain at least 1
km away from any visually-detected North Atlantic right whale and at
least 100 yards (91 m) away from all other visually-detected whales
unless an emergency situation requires that the vessel stay its course.
During EBRV maneuvering, the Vessel Master shall designate at least one
look-out to be exclusively and continuously monitoring for the presence
of marine mammals at all times while the EBRV is approaching or
departing from the NEG Port.
(C) During NEG Port operations, in the event that a whale is
visually observed within 1 km of the NEG Port or a confirmed acoustic
detection is reported on either of the two ABs closest to the NEG Port
(western-most in the TSS array), departing EBRVs shall delay their
departure from the NEG Port, unless an emergency situation requires
that departure is not delayed. This departure delay shall continue
until either the observed whale has been visually (during daylight
hours) confirmed as more than 1 km from the NEG Port or 30 minutes have
passed without another confirmed detection either acoustically within
the acoustic detection range of the two ABs closest to the NEG Port, or
visually within 1 km from the NEG Port.
(ii) Vessel captains shall focus on reducing dynamic positioning
(DP) thruster power to the maximum extent practicable, taking into
account vessel and Port safety, during the operation activities. Vessel
captains will shut down thrusters whenever they are not needed.
(c) Planned and Unplanned Maintenance and Repair Activities
(i) NEG Port
(A) The Northeast Gateway shall conduct empirical source level
measurements on all noise emitting construction equipment and all
vessels that are involved in maintenance/repair work.
(B) If dynamic positioning (DP) systems are employed and/or
activities will emit noise with a source level of 139 dB re 1 [mu]Pa at
1 m or greater, activities shall be conducted in accordance with the
requirements for DP systems listed in (b)(ii) above.
(C) Northeast Gateway shall provide the NMFS Headquarters Office of
the Protected Resources, NMFS Northeast Region Ship Strike Coordinator,
and SBNMS with a minimum of 30 days notice prior to any planned repair
and/or maintenance activity. For any unplanned/emergency repair/
maintenance activity, Northeast Gateway shall notify the agencies as
soon as it determines that repair work must be conducted. Northeast
Gateway shall continue to keep the agencies apprised of repair work
plans as further details (e.g., the time, location, and nature of the
repair) become available. A final notification shall be provided to
agencies 72 hours prior to crews being deployed into the field.
(ii) Pipeline Lateral
(A) Pipeline maintenance/repair vessels less than 300 GT traveling
between the shore and the maintenance/repair area that are not
generally restricted to 10 knots shall contact the MSR system, the
USCG, or the project site before leaving shore for reports of active
DMAs and/or recent right whale sightings and, consistent with
navigation safety, restrict speeds to 10 knots or less within 5 miles
(8 km) of any sighting location, when travelling in any of the seasonal
management areas (SMAs) as defined above.
(B) Maintenance/repair vessels greater than 300 GT shall not exceed
10 knots, unless an emergency situation that requires speeds greater
than 10 knots.
(C) Planned maintenance and repair activities shall be restricted
to the period between May 1 and November 30.
(D) Unplanned/emergency maintenance and repair activities shall be
conducted utilizing anchor-moored dive vessel whenever operationally
possible.
(E) Algonquin shall also provide the NMFS Office of the Protected
Resources, NMFS Northeast Region Ship Strike Coordinator, and
Stellwagen Bank National Marine Sanctuary (SBNMS) with a minimum of 30-
day notice prior to any planned repair and/or maintenance activity. For
any unplanned/emergency repair/
[[Page 69060]]
maintenance activity, Northeast Gateway shall notify the agencies as
soon as it determines that repair work must be conducted. Algonquin
shall continue to keep the agencies apprised of repair work plans as
further details (e.g., the time, location, and nature of the repair)
become available. A final notification shall be provided to agencies 72
hours prior to crews being deployed into the field.
(F) If dynamic positioning (DP) systems are to be employed and/or
activities will emit noise with a source level of 139 dB re 1 [mu]Pa at
1 m or greater, activities shall be conducted in accordance with the
requirements for DP systems listed in (b)(ii) above.
(G) In the event that a whale is visually observed within 0.5 mile
(0.8 kilometers) of a repair or maintenance vessel, the vessel
superintendent or on-deck supervisor shall be notified immediately. The
vessel's crew shall be put on a heightened state of alert and the
marine mammal shall be monitored constantly to determine if it is
moving toward the repair or maintenance area.
(H) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with source level of 139 dB re 1
[mu]Pa @ 1 m or higher when a right whale is sighted within or
approaching at 500 yd (457 m) from the vessel. Repair and maintenance
work may resume after the marine mammal is positively reconfirmed
outside the established zones (500 yd [457 m]) or 30 minutes have
passed without a redetection. Any vessels transiting the maintenance
area, such as barges or tugs, must also maintain these separation
distances.
(I) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with source level of 139 dB re 1
[mu]Pa @ 1 m or higher when a marine mammal other than a right whale is
sighted within or approaching at 100 yd (91 m) from the vessel. Repair
and maintenance work may resume after the marine mammal is positively
reconfirmed outside the established zones (100 yd [91 m]) or 30 minutes
have passed without a redetection. Any vessels transiting the
maintenance area, such as barges or tugs, must also maintain these
separation distances.
(J) Algonquin and associated contractors shall also comply with the
following:
(I) Operations involving equipment with sound source levels
exceeding 139 dB re 1[mu]Pa @ 1 m shall ``ramp-up'' sound sources,
allowing whales a chance to leave the area before sounds reach maximum
levels. In addition, Northeast Gateway, Algonquin, and other associated
contractors shall maintain equipment to manufacturers' specifications,
including any sound-muffling devices or engine covers in order to
minimize noise effects. Noisy construction equipment shall only be used
as needed and equipment shall be turned off when not in operation.
(II) Any material that has the potential to entangle marine mammals
(e.g., anchor lines, cables, rope or other construction debris) shall
only be deployed as needed and measures shall be taken to minimize the
chance of entanglement.
(III) For any material mentioned above that has the potential to
entangle marine mammals, such material shall be removed from the water
immediately unless such action jeopardizes the safety of the vessel and
crew as determined by the Captain of the vessel.
(IV) In the event that a marine mammal becomes entangled, the
marine mammal coordinator and/or PSO will notify NMFS (if outside the
SBNMS), and SBNMS staff (if inside the SBNMS) immediately so that a
rescue effort may be initiated.
(K) All maintenance/repair activities shall be scheduled to occur
between May 1 and November 30; however, in the event of unplanned/
emergency repair work that cannot be scheduled during the preferred May
through November work window, the following additional measures shall
be followed for Pipeline Lateral maintenance and repair related
activities between December and April:
(I) Between December 1 and April 30, if on-board PSOs do not have
at least 0.5-mile visibility, they shall call for a shutdown. At the
time of shutdown, the use of thrusters must be minimized. If there are
potential safety problems due to the shutdown, the captain will decide
what operations can safely be shut down.
(II) Prior to leaving the dock to begin transit, the barge shall
contact one of the PSOs on watch to receive an update of sightings
within the visual observation area. If the PSO has observed a North
Atlantic right whale within 30 minutes of the transit start, the vessel
shall hold for 30 minutes and again get a clearance to leave from the
PSOs on board. PSOs shall assess whale activity and visual observation
ability at the time of the transit request to clear the barge for
release.
(III) Transit route, destination, sea conditions and any marine
mammal sightings/mitigation actions during watch shall be recorded in
the log book. Any whale sightings within 1,000 m of the vessel shall
result in a high alert and slow speed of 4 knots or less and a sighting
within 750 m shall result in idle speed and/or ceasing all movement.
(IV) The material barges and tugs used in repair and maintenance
shall transit from the operations dock to the work sites during
daylight hours when possible provided the safety of the vessels is not
compromised. Should transit at night be required, the maximum speed of
the tug shall be 5 knots.
(V) All repair vessels must maintain a speed of 10 knots or less
during daylight hours. All vessels shall operate at 5 knots or less at
all times within 5 km of the repair area.
(d) Acoustic Monitoring Related Activities
(i) Vessels associated with maintaining the acoustic seafloor array
of Marine Autonomous Recording Units (MARUs) and the AB network
operating as part of the mitigation/monitoring protocols shall adhere
to the following speed restrictions and marine mammal monitoring
requirements.
(A) Vessels maintaining the MARU array that are greater than 300
gross tons (GT) shall not exceed 10 knots.
(B) Vessels maintaining the MARU array that are less than 300 GT
shall not exceed 15 knots at any time, but shall adhere to speeds of 10
knots or less in the following areas and seasons:
(I) In the ORP-SMA between March 1 and April 30; and
(II) In the CCB-SMA between January 1 and May 15.
(C) In accordance with 50 CFR 224.103 (c), all vessels associated
with NEG Port activities shall not approach closer than 500 yards (460
meters) to a North Atlantic right whale.
(D) All vessels shall obtain the latest DMA or right whale sighting
information via the NAVTEX, MSR, SAS, NOAA Weather Radio, or other
available means prior to operations to determine if there are right
whales present in the operational area.
Mitigation Conclusions
NMFS has carefully evaluated the proposed mitigation measures in
the context of ensuring that NMFS prescribes the means of effecting the
least practicable impact on the affected marine mammal species and
stocks and their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another:
The manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals;
[[Page 69061]]
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Based on our evaluation of the applicant's proposed measures, NMFS
has preliminarily determined that the proposed mitigation measures
provide the means of effecting the least practicable impact on marine
mammal species or stocks and their habitat, paying particular attention
to rookeries, mating grounds, and areas of similar significance.
Proposed Monitoring and Reporting Measures
In order to issue an ITA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for ITAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the proposed action area.
Proposed Monitoring Measures
(a) Vessel-Based Visual Monitoring
(i) Vessel-Based monitoring for marine mammals shall be done by
trained look-outs during NEG LNG Port and Pipeline Lateral operations
and maintenance and repair activities. The observers shall monitor the
occurrence of marine mammals near the vessels during LNG Port and
Pipeline Lateral related activities. Lookout duties include watching
for and identifying marine mammals; recording their numbers, distances,
and reactions to the activities; and documenting ``take by
harassment''.
(ii) The vessel look-outs assigned to visually monitor for the
presence of marine mammals and shall be provided with the following:
(A) Recent NAVTEX, NOAA Weather Radio, SAS and/or acoustic
monitoring buoy detection data;
(B) Binoculars to support observations;
(C) Marine mammal detection guide sheets; and
(D) Sighting log.
(b) NEG LNG Port Operations
(i) All individuals onboard the EBRVs responsible for the
navigation duties and any other personnel that could be assigned to
monitor for marine mammals shall receive training on marine mammal
sighting/reporting and vessel strike avoidance measures.
(ii) While an EBRV is navigating within the designated TSS, there
shall be three people with look-out duties on or near the bridge of the
ship including the Master, the Officer-of-the-Watch and the Helmsman-
on-watch. In addition to the standard watch procedures, while the EBRV
is transiting within the designated TSS, maneuvering within the Area to
be Avoided (ATBA), and/or while actively engaging in the use of
thrusters, an additional look-out shall be designated to exclusively
and continuously monitor for marine mammals.
(iii) All sightings of marine mammals by the designated look-out,
individuals posted to navigational look-out duties and/or any other
crew member while the EBRV is transiting within the TSS, maneuvering
within the ATBA and/or when actively engaging in the use of thrusters,
shall be immediately reported to the Officer-of-the-Watch who shall
then alert the Master. The Master or Officer-of-the-Watch shall ensure
the required reporting procedures are followed and the designated
marine mammal look-out records all pertinent information relevant to
the sighting.
(iv) Visual sightings made by look-outs from the EBRVs shall be
recorded using a standard sighting log form. Estimated locations shall
be reported for each individual and/or group of individuals categorized
by species when known. This data shall be entered into a database and a
summary of monthly sighting activity shall be provided to NMFS.
Estimates of take and copies of these log sheets shall also be included
in the reports to NMFS.
(c) Planned and Unplanned Maintenance and Repair
(i) Two (2) qualified and NMFS-approved protected species observers
(PSOs) shall be assigned to each vessel that will use dynamic
positioning (DP) systems during maintenance and repair related
activities. PSOs shall operate individually in designated shifts to
accommodate adequate rest schedules. Additional PSOs shall be assigned
to additional vessels if auto-detection buoy (AB) data indicates that
sound levels exceed 120 dB re 1 [mu]Pa, further then 100 meters (328
feet) from these vessels.
(ii) All PSOs shall receive NMFS-approved marine mammal observer
training and be approved in advance by NMFS after review of their
resume. All PSOs shall have direct field experience on marine mammal
vessels and/or aerial surveys in the Atlantic Ocean/Gulf of Mexico.
(iii) PSOs (one primary and one secondary) shall be responsible for
visually locating marine mammals at the ocean's surface and, to the
extent possible, identifying the species. The primary PSO shall act as
the identification specialist and the secondary PSO will serve as data
recorder and also assist with identification. Both PSOs shall have
responsibility for monitoring for the presence of marine mammals and
sea turtles. Specifically PSO's shall:
(A) Monitor at all hours of the day, scanning the ocean surface by
eye for a minimum of 40 minutes every hour.
(B) Monitor the area where maintenance and repair work is conducted
beginning at daybreak using 25x power binoculars and/or hand-held
binoculars. Night vision devices must be provided as standard equipment
for monitoring during low-light hours and at night.
(C) Conduct general 360[deg] visual monitoring during any given
watch period and target scanning by the observer shall occur when
alerted of a whale presence.
(D) Alert the vessel superintendent or construction crew supervisor
of visual detections within 2 miles (3.31 kilometers) immediately.
(E) Record all sightings on marine mammal field sighting logs.
Specifically, all data shall be entered at the time of observation,
notes of activities will be kept, and a daily report prepared and
attached to the daily field sighting log form. The basic reporting
requirements include the following:
Beaufort sea state;
Wind speed;
Wind direction;
Temperature;
Precipitation;
Glare;
Percent cloud cover;
Number of animals;
Species;
Position;
Distance;
Behavior;
Direction of movement; and
Apparent reaction to construction activity.
(iv) In the event that a whale is visually observed within the 2-
mile (3.31-kilometers) zone of influence (ZOI) of a DP vessel or other
construction vessel that has shown to emit noise with source level in
excess of 139 dB re 1 [micro]Pa @ 1 m, the PSO will notify the repair/
maintenance construction crew to minimize the use of thrusters until
the animal has moved away, unless there are divers in the water or an
ROV is deployed.
[[Page 69062]]
(d) Acoustic Monitoring
(i) Northeast Gateway shall monitor the noise environment in
Massachusetts Bay in the vicinity of the NEG Port and Pipeline Lateral
using an array of 19 MARUs that were deployed initially in April 2007
to collect data during NEG LNG Port and Pipeline Lateral related
activities.
(ii) The acoustic data collected by the MARUs shall be analyzed to
document the seasonal occurrences and overall distributions of whales
(primarily fin, humpback and right whales) within approximately 10 nm
of the NEG Port and shall measure and document the noise ``budget'' of
Massachusetts Bay so as to eventually assist in determining whether or
not an overall increase in noise in the Bay associated with the Project
might be having a potentially negative impact on marine mammals.
(iii) In addition to the 19 MARUs, Northeast Gateway shall deploy
10 ABs within the Separation Zone of the TSS for the operational life
of the Project.
(iv) The ABs shall be used to detect a calling North Atlantic right
whale an average of 5 nm from each AB. The AB system shall be the
primary detection mechanism that alerts the EBRV Master to the
occurrence of right whales, heightens EBRV awareness, and triggers
necessary mitigation actions as described in section (5) above.
(e) Acoustic Whale Detection and Response Plan
(i) NEG Port Operations
(A) Ten (10) ABs that have been deployed since 2007 shall be used
to continuously screen the low-frequency acoustic environment (less
than 1,000 Hertz) for right whale contact calls occurring within an
approximately 5-nm radius from each buoy (the AB's detection range).
(B) Once a confirmed detection is made, the Master of any EBRVs
operating in the area will be alerted immediately.
(ii) NEG Port and Pipeline Lateral Planned and Unplanned/Emergency
Repair and Maintenance Activities
(A) If the repair/maintenance work is located outside of the
detectible range of the 10 project area ABs, Northeast Gateway and
Algonquin shall consult with NOAA (NMFS and SBNMS) to determine if the
work to be conducted warrants the temporary installation of an
additional AB(s) to help detect and provide early warnings for
potential occurrence of right whales in the vicinity of the repair
area.
(B) The number of ABs installed around the activity site shall be
commensurate with the type and spatial extent of maintenance/repair
work required, but must be sufficient to detect vocalizing right whales
within the 120-dB impact zone.
(C) Should acoustic monitoring be deemed necessary during a planned
or unplanned/emergency repair and/or maintenance event, active
monitoring for right whale calls shall begin 24 hours prior to the
start of activities.
(D) Source level data from the acoustic recording units deployed in
the NEG Port and/or Pipeline Lateral maintenance and repair area shall
be provided to NMFS.
Proposed Reporting Measures
(a) Throughout NEG Port and Pipeline Lateral operations, Northeast
Gateway and Algonquin shall provide a monthly Monitoring Report. The
Monitoring Report shall include:
(i) Both copies of the raw visual EBRV lookout sighting information
of marine mammals that occurred within 2 miles of the EBRV while the
vessel transits within the TSS, maneuvers within the ATBA, and/or when
actively engaging in the use of thrusters, and a summary of the data
collected by the look-outs over each reporting period.
(ii) Copies of the raw PSO sightings information on marine mammals
gathered during pipeline repair or maintenance activities. This visual
sighting data shall then be correlated to periods of thruster activity
to provide estimates of marine mammal takes (per species/species class)
that took place during each reporting period.
(iii) Conclusion of any planned or unplanned/emergency repair and/
or maintenance period, a report shall be submitted to NMFS summarizing
the repair/maintenance activities, marine mammal sightings (both visual
and acoustic), empirical source-level measurements taken during the
repair work, and any mitigation measures taken.
(b) During the maintenance and repair of NEG Port components,
weekly status reports shall be provided to NOAA (both NMFS and SBNMS)
using standardized reporting forms. The weekly reports shall include
data collected for each distinct marine mammal species observed in the
repair/maintenance area during the period that maintenance and repair
activities were taking place. The weekly reports shall include the
following information:
(i) Location (in longitude and latitude coordinates), time, and the
nature of the maintenance and repair activities;
(ii) Indication of whether a DP system was operated, and if so, the
number of thrusters being used and the time and duration of DP
operation;
(iii) Marine mammals observed in the area (number, species, age
group, and initial behavior);
(iv) The distance of observed marine mammals from the maintenance
and repair activities;
(v) Changes, if any, in marine mammal behaviors during the
observation;
(vi) A description of any mitigation measures (power-down,
shutdown, etc.) implemented;
(vii) Weather condition (Beaufort sea state, wind speed, wind
direction, ambient temperature, precipitation, and percent cloud cover
etc.);
(viii) Condition of the observation (visibility and glare); and
(ix) Details of passive acoustic detections and any action taken in
response to those detections.
(d) Injured/Dead Protected Species Reporting
(i) In the unanticipated event that survey operations clearly cause
the take of a marine mammal in a manner prohibited by the proposed IHA,
such as an injury (Level A harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), NEG and/or
Algonquin shall immediately cease activities and immediately report the
incident to the Supervisor of the Incidental Take Program, Permits and
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401 and/or by email to Jolie.Harrison@noaa.gov and Shane.Guan@noaa.gov
and the Northeast Regional Stranding Coordinators
(Mendy.Garron@noaa.gov or Lanni.Hall@noaa.gov) or by phone at 978-281-
9300. The report must include the following information:
(A) time, date, and location (latitude/longitude) of the incident;
(B) the name and type of vessel involved;
(C) the vessel's speed during and leading up to the incident;
(D) description of the incident;
(E) status of all sound source use in the 24 hours preceding the
incident;
(F) water depth;
(G) environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(H) description of marine mammal observations in the 24 hours
preceding the incident;
(I) species identification or description of the animal(s)
involved;
(J) the fate of the animal(s); and
(K) photographs or video footage of the animal (if equipment is
available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take.
[[Page 69063]]
NMFS shall work with NEG and/or Algonquin to determine what is
necessary to minimize the likelihood of further prohibited take and
ensure MMPA compliance. NEG and/or Algonquin may not resume their
activities until notified by NMFS via letter, email, or telephone.
(ii) In the event that NEG and/or Algonquin discovers an injured or
dead marine mammal, and the lead PSO determines that the cause of the
injury or death is unknown and the death is relatively recent (i.e., in
less than a moderate state of decomposition as described in the next
paragraph), NEG and/or Algonquin will immediately report the incident
to the Supervisor of the Incidental Take Program, Permits and
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401, and/or by email to Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the NMFS Northeast Stranding Coordinators
(Mendy.Garron@noaa.gov or Lanni.Hall@noaa.gov) or by phone at 978-281-
9300, within 24 hours of the discovery. The report must include the
same information identified above. Activities may continue while NMFS
reviews the circumstances of the incident. NMFS will work with NEG and/
or Algonquin to determine whether modifications in the activities are
appropriate.
(iii) In the event that NEG or Algonquin discovers an injured or
dead marine mammal, and the lead PSO determines that the injury or
death is not associated with or related to the activities authorized
(if the IHA is issued) (e.g., previously wounded animal, carcass with
moderate to advanced decomposition, or scavenger damage), NEG and/or
Algonquin shall report the incident to the Supervisor of the Incidental
Take Program, Permits and Conservation Division, Office of Protected
Resources, NMFS, at 301-427-8401, and/or by email to
Jolie.Harrison@noaa.gov and Shane.Guan@noaa.gov and the NMFS Northeast
Stranding Coordinators (Mendy.Garron@noaa.gov or Lanni.Hall@noaa.gov)
or by phone at 978-281-9300, within 24 hours of the discovery. NEG and/
or Algonquin shall provide photographs or video footage (if available)
or other documentation of the stranded animal sighting to NMFS and the
Marine Mammal Stranding Network. NEG and/or Algonquin can continue its
operations under such a case.
Summary of Previous Monitoring Reports
Based on monthly activity reports submitted to NMFS for the period
between August 2010 and October 2013, there were no activities at the
NEG Port during the period. Therefore, no take of marine mammals
occurred or were reported during this period.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment]. Only take by Level B harassment is
anticipated as a result of NEG's operation and maintenance and repair
activities. Anticipated take of marine mammals is associated with
operation of dynamic positioning during the docking of the LNG vessels
and positioning of maintenance and dive vessels, and by operations of
certain machinery during maintenance and repair activities. The
regasification process itself is an activity that does not rise to the
level of taking, as the modeled source level for this activity is 108
dB. Certain species may have a behavioral reaction to the sound emitted
during the activities. Hearing impairment is not anticipated.
Additionally, vessel strikes are not anticipated, especially because of
the speed restriction measures that are proposed that were described
earlier in this document.
The full suite of potential impacts to marine mammals was described
in detail in the ``Potential Effects of the Specified Activity on
Marine Mammals'' section found earlier in this document. The potential
effects of sound from the proposed open water marine survey programs
might include one or more of the following: masking of natural sounds;
behavioral disturbance; non-auditory physical effects; and, at least in
theory, temporary or permanent hearing impairment (Richardson et al.
1995). As discussed earlier in this document, the most common impact
will likely be from behavioral disturbance, including avoidance of the
ensonified area or changes in speed, direction, and/or diving profile
of the animal. For reasons discussed previously in this document,
hearing impairment (TTS and PTS) is highly unlikely to occur based on
the proposed mitigation and monitoring measures that would preclude
marine mammals from being exposed to noise levels high enough to cause
hearing impairment.
For non-pulse sounds, such as those produced by operating dynamic
positioning (DP) thruster during vessel docking and supporting
underwater construction and repair activities and the operations of
various machineries that produces non-pulse noises, NMFS uses the 120
dB (rms) re 1 [mu]Pa isopleth to indicate the onset of Level B
harassment.
NEG Port and Algonquin Pipeline Lateral Activities Acoustic Footprints
I. NEG Port Operations
For the purposes of understanding the noise footprint of operations
at the NEG Port, measurements taken to capture operational noise
(docking, undocking, regasification, and EBRV thruster use) during the
2006 Gulf of Mexico field event were taken at the source. Measurements
taken during EBRV transit were normalized to a distance of 328 feet
(100 meters) to serve as a basis for modeling sound propagation at the
NEG Port site in Massachusetts Bay.
Sound propagation calculations for operational activities were then
completed at two positions in Massachusetts Bay to determine site-
specific distances to the 120/160/180 dB isopleths:
Operations Position 1--Port (EBRV Operations): 70[deg]36.261'
W and 42[deg]23.790' N
Operations Position 2--Boston TSS (EBRV Transit):
70[deg]17.621' W and 42[deg]17.539' N
At each of these locations sound propagation calculations were
performed to determine the noise footprint of the operation activity at
each of the specified locations. Calculations were performed in
accordance with Marsh and Schulkin (1985) and Richardson et al. (1995)
and took into consideration aspects of water depth, sea state,
bathymetry, and seabed composition. In addition, the acoustic modeling
performed specifically evaluated sound energy in 1/3-octave spectral
bands covering frequencies from 12.5 Hz to 20 kHz. The resultant
underwater sound pressure levels to the 120 dB isopleth is presented in
Table 2.
[[Page 69064]]
Table 2--Radii of 120-dB SPL Isopleths From NEG LNG Operations
------------------------------------------------------------------------
Radius to
120-dB zone
(m)
------------------------------------------------------------------------
One EBRV docking procedure with support vessel............. 4,250
Two EBRV docking procedure with support vessel............. 5,500
EBRV regasification........................................ <300
EBRV transiting the TSS (10 knot).......................... 1,750
------------------------------------------------------------------------
II. NEG Port Maintenance and Repair
Modeling analysis conducted for the construction of the NEG Port
concluded that the only underwater noise of critical concern during NEG
Port construction would be from vessel noises such as turning screws,
engine noise, noise of operating machinery, and thruster use. To
confirm these modeled results and better understand the noise footprint
associated with construction activities at the NEG Port, field
measurements were taken of various construction activities during the
2007 NEG Port and Algonquin Pipeline Lateral Construction period.
Measurements were taken and normalized as described to establish the
``loudest'' potential construction measurement event. One position
within Massachusetts Bay was then used to determine site-specific
distances to the 120/180 dB isopleths for NEG Port maintenance and
repair activities:
Construction Position 1. Port: 70[deg]36.261' W and
42[deg]23.790' N
Sound propagation calculations were performed to determine the
noise footprint of the construction activity. The calculations took
into consideration aspects of water depth, sea state, bathymetry, and
seabed composition, and specifically evaluated sound energy in the
range that encompasses the auditory frequencies of marine mammals and
at which sound propagates beyond the immediate vicinity of the source.
These results were then summed across frequencies to provide the
broadband received levels at receptor locations. The results showed
that the estimated distance from the loudest source involved in
construction activities fell to 120 dB re 1 [micro]Pa at a distance of
3,600 m.
III. Algonquin Pipeline Lateral Operation and Maintenance Activities
Modeling analysis conducted during the NEG Port and Pipeline
Lateral construction concluded that the only underwater noise of
critical concern during such activities would be from vessel noises
such as turning screws, engine noise, noise of operating machinery, and
thruster use. As with construction noise at the NEG Port, to confirm
modeled results and better understand the noise footprint associated
with construction activities along the Algonquin Pipeline Lateral,
field measurements were taken of various construction activities during
the 2007 NEG Port and Algonquin Pipeline Lateral construction period.
Measurements were taken and normalized to establish the ``loudest''
potential construction measurement event. Two positions within
Massachusetts Bay were then used to determine site-specific distances
to the 120/160/180 dB isopleths:
Construction Position 2. PLEM: 70[deg]46.755' W and
42[deg]28.764' N.
Construction Position 3. Mid-Pipeline: 70[deg]40.842' W
and 42[deg]31.328' N.
Sound propagation calculations were performed to determine the
noise footprint of the construction activity. The calculations took
into consideration aspects of water depth, sea state, bathymetry, and
seabed composition, and specifically evaluated sound energy in the
range that encompasses the auditory frequencies of marine mammals and
at which sound propagates beyond the immediate vicinity of the source.
These results were then summed across frequencies to provide the
broadband received levels at receptor locations. The results of the
distances to the 120-dB are shown in Table 3.
Table 3--Radii of 120-dB SPL Isopleths From Algonquin Pipeline Lateral
Operation and Maintenance
------------------------------------------------------------------------
Radius to
120-dB zone
(m)
------------------------------------------------------------------------
Barge/tug (pulling & pushing)/construction vessel/barge @ 3,600
PLEM......................................................
Barge/tug (pulling & pushing)/construction vessel/barge @ 2,831
mid-pipeline..............................................
------------------------------------------------------------------------
The basis for Northeast Gateway and Algonquin's ``take'' estimate
is the number of marine mammals that would be exposed to sound levels
in excess of 120 dB, which is the threshold used by NMFS for non-pulse
sounds. For the NEG LNG Port and Algonquin Pipeline Lateral operations
and maintenance and repair activities, the take estimates are
determined by multiplying the 120-dB esonified area by local marine
mammal density estimates, and then multiplying by the estimated dates
such activities would occur during a year-long period. For the NEG Port
operations, the 120-dB esonfied area is 56.8 km\2\ for a single visit
during docking when running DP system. For NEG Port and Algonquin
Pipeline Lateral maintenance and repair activities, modeling based on
the empirical measurements showed that the distance of the 120-dB
radius is expected to be 3.6 km, making a maximum 120-dB ZOI of
approximately 40.7 km\2\.
Although there have been no LNG deliveries since February 2010 at
the NEG LNG Port, NEG expected when the Port is under full operation,
NEW expects it will receive up to 65 LNG shipments per year, and would
require 14 days for NEG Port maintenance and up to 40 days for planned
and unplanned Algonquin Pipeline Lateral maintenance and repair.
NMFS recognizes that baleen whale species other than North Atlantic
right whales have been sighted in the project area from May to
November. However, the occurrence and abundance of fin, humpback, and
minke whales is not well documented within the project area.
Nonetheless, NMFS uses the data on cetacean distribution within
Massachusetts Bay, such as those published by the National Centers for
Coastal Ocean Science (NCCOS 2006), to estimate potential takes of
marine mammals species in the vicinity of project area.
The NCCOS study used cetacean sightings from two sources: (1) The
North Atlantic Right Whale Consortium (NARWC) sightings database held
at the University of Rhode Island (Kenney, 2001); and (2) the Manomet
Bird Observatory (MBO) database, held at NMFS Northeast Fisheries
Science Center (NEFSC). The NARWC data contained survey efforts and
sightings data from ship and aerial surveys and opportunistic sources
between 1970 and 2005. The main data contributors included: Cetacean
and Turtles Assessment Program (CETAP), Canadian Department of
Fisheries and Oceans, PCCS, International Fund for Animal Welfare,
NOAA's NEFSC, New England Aquarium, Woods Hole Oceanographic
Institution, and the University of Rhode Island. A total of 653,725 km
(406,293 mi) of survey track and 34,589 cetacean observations were
provisionally selected for the NCCOS study in order to minimize bias
from uneven allocation of survey effort in both time and space. The
sightings-per-unit-effort (SPUE) was calculated for all cetacean
species by month covering the southern Gulf of
[[Page 69065]]
Maine study area, which also includes the project area (NCCOS, 2006).
The MBO's Cetacean and Seabird Assessment Program (CSAP) was
contracted from 1980 to 1988 by NMFS NEFSC to provide an assessment of
the relative abundance and distribution of cetaceans, seabirds, and
marine turtles in the shelf waters of the northeastern United States
(MBO, 1987). The CSAP program was designed to be completely compatible
with NMFS NEFSC databases so that marine mammal data could be compared
directly with fisheries data throughout the time series during which
both types of information were gathered. A total of 5,210 km (8,383 mi)
of survey distance and 636 cetacean observations from the MBO data were
included in the NCCOS analysis. Combined valid survey effort for the
NCCOS studies included 567,955 km (913,840 mi) of survey track for
small cetaceans (dolphins and porpoises) and 658,935 km (1,060,226 mi)
for large cetaceans (whales) in the southern Gulf of Maine. The NCCOS
study then combined these two data sets by extracting cetacean sighting
records, updating database field names to match the NARWC database,
creating geometry to represent survey tracklines and applying a set of
data selection criteria designed to minimize uncertainty and bias in
the data used.
Owing to the comprehensiveness and total coverage of the NCCOS
cetacean distribution and abundance study, NMFS calculated the
estimated take number of marine mammals based on the most recent NCCOS
report published in December 2006. A summary of seasonal cetacean
distribution and abundance in the project area is provided above, in
the ``Description of Marine Mammals in the Area of the Specified
Activities'' section. For a detailed description and calculation of the
cetacean abundance data and SPUE, please refer to the NCCOS study
(NCCOS, 2006). These data show that the relative abundance of North
Atlantic right, fin, humpback, minke, sei, and pilot whales, and
Atlantic white-sided dolphins for all seasons, as calculated by SPUE in
number of animals per square kilometer, is 0.0082, 0.0097, 0.0118,
0.0059, 0.0084, 0.0407, and 0.1314 n/km, respectively.
In calculating the area density of these species from these linear
density data, NMFS used 0.5 mi (0.825 km) as the hypothetical strip
width (W). This strip width is based on the distance of visibility used
in the NARWC data that was part of the NCCOS (2006) study. However,
those surveys used a strip transect instead of a line transect
methodology. Therefore, in order to obtain a strip width, one must
divide the visibility or transect value in half. Since the visibility
value used in the NARWC data was 2.3 mi (3.7 km), it thus gives a strip
width of 1.15 mi (1.85 km). The hypothetical strip width used in the
analysis is less than half of that derived from the NARWC data,
therefore, the analysis provided here is more protective in calculating
marine mammal densities in the area. Based on this information, the
area density (D) of these species in the project area can be obtained
by the following formula:
D = SPUE/2W
where D is marine mammal density in the area, and W is the strip width.
Based on this calculation method, the estimated take numbers per year
for North Atlantic right, fin, humpback, minke, sei, and pilot whales,
and Atlantic white-sided dolphins by the NEG Port facility operations
(maximum 65 visits per year), NEG Port maintenance and repair (up to 14
days per year), and Algonquin Pipeline Lateral operation and
maintenance (up to 40 days per year), are 29, 35, 42, 21, 30, 145, and
469, respectively (Table 4). These numbers represent approximately
6.59%, 1%, 5.12%, 0.1%, 8.4%, 1.2%, and 1% of the populations for these
species based on the latest NMFS Atlantic marine mammal stock
assessment reports (Waring et al. 2013), respectively. Since it is very
likely that individual animals could be ``taken'' by harassment
multiple times, these percentages are the upper boundary of the animal
population that could be affected. The actual number of individual
animals being exposed or taken would likely be far less. There is no
danger of injury, death, or hearing impairment from the exposure to
these noise levels.
Table 4--Estimated Annual Takes of Marine Mammals From the NEG Port and
Algonquin Pipeline Lateral Operations and Maintenance and Repair
Activities in Massachusetts Bay
------------------------------------------------------------------------
Species Population/stock Number of takes
------------------------------------------------------------------------
Right whale................... Western Atlantic..... 29
Humpback whale................ Gulf of Maine........ 42
Fin whale..................... Western North 35
Atlantic.
Sei whale..................... Nova Scotia.......... 30
Minke whale................... Canadian East Coast.. 21
Long-finned pilot whale....... Western North 145
Atlantic.
Atlantic white-sided dolphin.. Western North 469
Atlantic.
Bottlenose dolphin............ Western North 20
Atlantic Southern
Migratory.
Short-beaked common dolphin... Western North 40
Atlantic.
Risso's dolphin............... Western North 40
Atlantic.
Killer whale.................. Western North 10
Atlantic.
Harbor porpoise............... Gulf of Maine/Bay of 20
Fundy.
Harbor seal................... Western North 60
Atlantic.
Gray seal..................... Western North 30
Atlantic.
------------------------------------------------------------------------
In addition, bottlenose dolphins, common dolphins, killer whales,
Risso's dolphins, harbor porpoises, harbor seals, and gray seals could
also be taken by Level B harassment as a result of deepwater NEG Port
and Algonquin Pipeline Lateral operations and maintenance and repair.
Since these species are less likely to occur in the area, and there are
no density estimates specific to this particular area, NMFS based the
take estimates on typical group size. Therefore, NMFS estimates that up
to approximately 20 bottlenose dolphins, 40 short-beaked common
dolphins, 40 Risso's dolphins, 10 killer whales, 20 harbor porpoises,
60 harbor seals, and 30 gray seals could be exposed to continuous noise
at or above 120 dB re 1 [micro]Pa rms incidental to operations during
the one year period of the IHA, respectively. These numbers represent
0.16%, 0.06%, 0.26%, and 0.03% of the bottlenose dolphin, short-
[[Page 69066]]
beaked common dolphin, Risso's dolphin, and harbor porpoise
populations/stocks. Since no population/stock estimates for killer
whale, and harbor and gray seals is available, the percentage of
estimated takes for these species is unknown. Nevertheless, since
Massachusetts Bay represents only a small fraction of the western North
Atlantic basin where these animals occur NMFS has preliminarily
determined that the takes of 10 killer whales, 60 harbor seals, and 30
gray seals represent a small fraction of the population and stocks of
these species (Table 3). The take estimates presented in this section
of the document do not take into consideration the mitigation and
monitoring measures that are proposed for inclusion in the IHA.
Negligible Impact and Small Numbers Analysis and Preliminary
Determination
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . .
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.'' In making a negligible impact determination,
NMFS considers a variety of factors, including but not limited to: (1)
The number of anticipated mortalities; (2) the number and nature of
anticipated injuries; (3) the number, nature, intensity, and duration
of Level B harassment; and (4) the context in which the takes occur.
No injuries or mortalities are anticipated to occur as a result of
proposed Northeast Gateway LNG Port Algonquin Pipeline Lateral
operations and maintenance and repair activities, and none are proposed
to be authorized by NMFS. Additionally, animals in the area are not
anticipated to incur any hearing impairment (i.e., TTS or PTS), as the
modeling of source levels indicates that none of the source received
levels exceed 180 dB (rms).
While some of the species occur in the proposed project area year-
round, some species only occur in the area during certain seasons.
Humpback and minke whales are not expected in the project area in the
winter. During the winter, a large portion of the North Atlantic right
whale population occurs in the southeastern U.S. calving grounds (i.e.,
South Carolina, Georgia, and northern Florida). The fact that certain
activities will occur during times when certain species are not
commonly found in the area will help reduce the amount of Level B
harassment for these species.
Many animals perform vital functions, such as feeding, resting,
traveling, and socializing, on a diel cycle (24-hr cycle). Behavioral
reactions to noise exposure (such as disruption of critical life
functions, displacement, or avoidance of important habitat) are more
likely to be significant if they last more than one diel cycle or recur
on subsequent days (Southall et al., 2007). Consequently, a behavioral
response lasting less than one day and not recurring on subsequent days
is not considered particularly severe unless it could directly affect
reproduction or survival (Southall et al. 2007). Operational activities
are not anticipated to occur at the Port on consecutive days. In
addition, Northeast Gateway EBRVs are expected to make 65 port calls
throughout the year, with thruster use needed for a couple of hours.
Therefore, Northeast Gateway will not be creating increased sound
levels in the marine environment for prolonged periods of time.
Of the 14 marine mammal species likely to occur in the area, four
are listed as endangered under the ESA: North Atlantic right, humpback,
and fin whales. All of these species are also considered depleted under
the MMPA. There is currently no designated critical habitat or known
reproductive areas for any of these species in or near the proposed
project area. However, there are several well known North Atlantic
right whale feeding grounds in the Cape Cod Bay and Great South
Channel. No mortality or injury is expected to occur, and due to the
nature, degree, and context of the Level B harassment anticipated, the
activity is not expected to impact rates of recruitment or survival.
There is no critical habitat or biologically important areas for marine
mammals within the proposed project area.
The population estimates for the species that may be taken by Level
B behavioral harassment contained in the most recent U.S. Atlantic
Stock Assessment Reports were provided earlier in this document. From
the most protective estimates of both marine mammal densities in the
project area and the size of the 120-dB ZOI, the maximum calculated
number of individual marine mammals for each species that could
potentially be harassed annually is small relative to the overall
population sizes.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS preliminarily finds that the proposed Northeast Gateway
LNG Port and Algonquin Pipeline Lateral operations and maintenance and
repair activities would result in the incidental take of small numbers
of marine mammals, by Level B harassment only, and that the total
taking from Northeast Gateway and Algonquin's proposed activities will
have a negligible impact on the affected species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals implicated
by this action. Therefore, NMFS has determined that the total taking of
affected species or stocks would not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.
Proposed Incidental Harassment Authorization
This section contains a draft of the IHA itself. The wording
contained in this section is proposed for inclusion in the IHA (if
issued).
(1) This Authorization is valid from January 6, 2014, through
January 5, 2015.
(2) This Authorization is valid only for activities associated with
Northeast Gateway's LNG Port and Algonquin's Pipeline Lateral
operations and maintenance and repair activities in the Massachusetts
Bay. The specific area of the activities is shown in Figure 2-1 of the
Excelerate Energy, L.P. and Tetra Tech EC., Inc.'s IHA application.
(3)(a) The species authorized for incidental harassment takings,
Level B harassment only, are: Right whales (Eubalaena glacialis); fin
whales (Balaenoptera physalus); humpback whales (Megaptera
novaeangliae); minke whales (B. acutorostrata); sei whales (B.
borealis); long-finned pilot whales (Globicephala melas); Atlantic
white-sided dolphins (Lagenorhynchus acutus); bottlenose dolphins
(Tursiops truncatus); short-beaked common dolphins (Delphinus delphis);
Risso's dolphin (Grampus griseus); killer whales (Orcinus orca); harbor
porpoises (Phocoena phocoena); harbor seals (Phoca vitulina); and gray
seals (Halichoerus grypus).
(3)(b) The authorization for taking by harassment is limited to the
following acoustic sources and from the following activities:
(i) NEG Port operations;
(ii) NEG Port maintenance and repair; and
(iii) Algonquin Pipeline Lateral operations and maintenance.
[[Page 69067]]
(3)(c) The taking of any marine mammal in a manner prohibited under
this Authorization must be reported within 24 hours of the taking to
the National Marine Fisheries Service (NMFS) Northeast Regional
Administrator (978-281-9300) or his designee (978-282-8468), NMFS
Headquarter Chief of the Permits and Conservation Division, Office of
Protected Resources, NMFS, at (301-427-8401), or his designee (301-427-
8418).
(4) Prohibitions
(a) The taking, by incidental harassment only, is limited to the
species listed under condition 3(a) above and by the numbers listed in
Table 3. The taking by Level A harassment, injury or death of these
species or the taking by harassment, injury or death of any other
species of marine mammal is prohibited and may result in the
modification, suspension, or revocation of this Authorization.
(b) The taking of any marine mammal is prohibited whenever the
required mitigation measures under (5) of this authorization are not
implemented.
(5) Mitigation
(a) General Marine Mammal Avoidance Measures
(i) All vessels shall utilize the International Maritime
Organization (IMO)-approved Boston Traffic Separation Scheme (TSS) on
their approach to and departure from the NEG Port and/or the repair/
maintenance area at the earliest practicable point of transit in order
to avoid the risk of whale strikes.
(ii) Upon entering the TSS and areas where North Atlantic right
whales are known to occur, including the Great South Channel Seasonal
Management Area (GSC-SMA) and the SBNMS, the EBRV shall go into
``Heightened Awareness'' as described below.
(A) Prior to entering and navigating the modified TSS the Master of
the vessel shall:
(I) Consult Navigational Telex (NAVTEX), NOAA Weather Radio, the
NOAA Right Whale Sighting Advisory System (SAS) or other means to
obtain current right whale sighting information as well as the most
recent Cornell acoustic monitoring buoy data for the potential presence
of marine mammals;
(II) Post a look-out to visually monitor for the presence of marine
mammals;
(III) Provide the US Coast Guard (USCG) required 96-hour
notification of an arriving EBRV to allow the NEG Port Manager to
notify Cornell of vessel arrival.
(B) The look-out shall concentrate his/her observation efforts
within the 2-mile radius zone of influence (ZOI) from the maneuvering
EBRV.
(C) If marine mammal detection was reported by NAVTEX, NOAA Weather
Radio, SAS and/or an acoustic monitoring buoy, the look-out shall
concentrate visual monitoring efforts towards the areas of the most
recent detection.
(D) If the look-out (or any other member of the crew) visually
detects a marine mammal within the 2-mile radius ZOI of a maneuvering
EBRV, he/she will take the following actions:
(I) The Officer-of-the-Watch shall be notified immediately; who
shall then relay the sighting information to the Master of the vessel
to ensure action(s) can be taken to avoid physical contact with marine
mammals.
(II) The sighting shall be recorded in the sighting log by the
designated look-out.
(iii) In accordance with 50 CFR 224.103(c), all vessels associated
with NEG Port and Pipeline Lateral activities shall not approach closer
than 500 yards (460 m) to a North Atlantic right whale and 100 yards
(91 m) to other whales to the extent physically feasible given
navigational constraints. In addition, when approaching and departing
the project area, vessels shall be operated so as to remain at least 1
km away from any visually-detected North Atlantic right whales.
(iv) In response to active right whale sightings and active
acoustic detections, and taking into account exceptional circumstances,
EBRVs, repair and maintenance vessels shall take appropriate actions to
minimize the risk of striking whales. Specifically vessels shall:
(A) Respond to active right whale sightings and/or DMAs reported on
the Mandatory Ship Reporting (MSR) or SAS by concentrating monitoring
efforts towards the area of most recent detection and reducing speed to
10 knots or less if the vessel is within the boundaries of a DMA (50
CFR 224.105) or within the circular area centered on an area 8 nm in
radius from a sighting location;
(B) Respond to active acoustic detections by concentrating
monitoring efforts towards the area of most recent detection and
reducing speed to 10 knots or less within an area 5 nm in radius
centered on the detecting AB; and
(C) Respond to additional sightings made by the designated look-
outs within a 2-mile radius of the vessel by slowing the vessel to 10
knots or less and concentrating monitoring efforts towards the area of
most recent sighting.
(v) All vessels operated under NEG and Algonquin must follow the
established specific speed restrictions when calling at the NEG Port.
The specific speed restrictions required for all vessels (i.e., EBRVs
and vessels associated with maintenance and repair) consist of the
following:
(A) Vessels shall reduce their maximum transit speed while in the
TSS from 12 knots or less to 10 knots or less from March 1 to April 30
in all waters bounded by straight lines connecting the following points
in the order stated below unless an emergency situation dictates for an
alternate speed. This area shall hereafter be referred to as the Off
Race Point Seasonal Management Area (ORP-SMA) and tracks NMFS
regulations at 50 CFR 224.105:
42[deg]30' N 70[deg]30' W
42[deg]30' N 69[deg]45' W
41[deg]40' N 69[deg]45' W
42[deg]04.8' N 70[deg]10' W
41[deg]40' N 69[deg]57' W
42[deg]12' N 70[deg]15' W
42[deg]12' N 70[deg]30' W
W 42[deg]30' N 70[deg]30' W
(B) Vessels shall reduce their maximum transit speed while in the
TSS to 10 knots or less unless an emergency situation dictates for an
alternate speed from April 1 to July 31 in all waters bounded by
straight lines connecting the following points in the order stated
below. This area shall hereafter be referred to as the GSC-SMA and
tracks NMFS regulations at 50 CFR 224.105:
42[deg]30' N 69[deg]45' W
42[deg]30' N 67[deg]27' W
42[deg]09' N 67[deg]08.4' W
41[deg]40' N 69[deg]45' W
42[deg]30' N 69[deg]45' W
41[deg]00' N 69[deg]05' W
(C) Vessels are not expected to transit the Cape Cod Bay or the
Cape Cod Canal; however, in the event that transit through the Cape Cod
Bay or the Cape Cod Canal is required, vessels shall reduce maximum
transit speed to 10 knots or less from January 1 to May 15 in all
waters in Cape Cod Bay, extending to all shorelines of Cape Cod Bay,
with a northern boundary of 42[deg]12' N latitude and the Cape Cod
Canal. This area shall hereafter be referred to as the Cape Cod Bay
Seasonal Management Area (CCB-SMA).
(D) All Vessels transiting to and from the project area shall
report their activities to the mandatory reporting Section of the USCG
to remain apprised of North Atlantic right whale movements within the
area. All vessels
[[Page 69068]]
entering and exiting the MSRA shall report their activities to
WHALESNORTH. Vessel operators shall contact the USCG by standard
procedures promulgated through the Notice to Mariner system.
(E) All Vessels greater than or equal to 300 gross tons (GT) shall
maintain a speed of 10 knots or less, unless an emergency situation
requires speeds greater than 10 knots.
(F) All Vessels less than 300 GT traveling between the shore and
the project area that are not generally restricted to 10 knots will
contact the Mandatory Ship Reporting (MSR) system, the USCG, or the
project site before leaving shore for reports of active DMAs and/or
recent right whale sightings and, consistent with navigation safety,
restrict speeds to 10 knots or less within 5 miles (8 kilometers) of
any sighting location, when traveling in any of the seasonal management
areas (SMAs) or when traveling in any active dynamic management area
(DMA).
(b) NEG Port-Specific Operations
(i) In addition to the general marine mammal avoidance requirements
identified in (5)(a) above, vessels calling on the NEG Port must comply
with the following additional requirements:
(A) EBRVs shall travel at 10 knots maximum speed when transiting
to/from the TSS or to/from the NEG Port/Pipeline Lateral area. For
EBRVs, at 1.86 miles (3 km) from the NEG Port, speed will be reduced to
3 knots and to less than 1 knot at 1,640 ft (500 m) from the NEG buoys,
unless an emergency situation dictates the need for an alternate speed.
(B) EBRVs that are approaching or departing from the NEG Port and
are within the ATBA5 surrounding the NEG Port, shall remain at least 1
km away from any visually-detected North Atlantic right whale and at
least 100 yards (91 m) away from all other visually-detected whales
unless an emergency situation requires that the vessel stay its course.
During EBRV maneuvering, the Vessel Master shall designate at least one
look-out to be exclusively and continuously monitoring for the presence
of marine mammals at all times while the EBRV is approaching or
departing from the NEG Port.
(C) During NEG Port operations, in the event that a whale is
visually observed within 1 km of the NEG Port or a confirmed acoustic
detection is reported on either of the two ABs closest to the NEG Port
(western-most in the TSS array), departing EBRVs shall delay their
departure from the NEG Port, unless an emergency situation requires
that departure is not delayed. This departure delay shall continue
until either the observed whale has been visually (during daylight
hours) confirmed as more than 1 km from the NEG Port or 30 minutes have
passed without another confirmed detection either acoustically within
the acoustic detection range of the two ABs closest to the NEG Port, or
visually within 1 km from the NEG Port.
(ii) Vessel captains shall focus on reducing dynamic positioning
(DP) thruster power to the maximum extent practicable, taking into
account vessel and Port safety, during the operation activities. Vessel
captains will shut down thrusters whenever they are not needed.
(c) Planned and Unplanned Maintenance and Repair Activities
(i) NEG Port
(A) The Northeast Gateway shall conduct empirical source level
measurements on all noise emitting construction equipment and all
vessels that are involved in maintenance/repair work.
(B) If dynamic positioning (DP) systems are to be employed and/or
activities will emit noise with a source level of 139 dB re 1 [mu]Pa at
1 m, activities shall be conducted in accordance with the requirements
for DP systems listed in (5)(b)(ii).
(C) Northeast Gateway shall provide the NMFS Headquarters Office of
the Protected Resources, NMFS Northeast Region Ship Strike Coordinator,
and SBNMS with a minimum of 30 days notice prior to any planned repair
and/or maintenance activity. For any unplanned/emergency repair/
maintenance activity, Northeast Gateway shall notify the agencies as
soon as it determines that repair work must be conducted. Northeast
Gateway shall continue to keep the agencies apprised of repair work
plans as further details (e.g., the time, location, and nature of the
repair) become available. A final notification shall be provided to
agencies 72 hours prior to crews being deployed into the field.
(ii) Pipeline Lateral
(A) Pipeline maintenance/repair vessels less than 300 GT traveling
between the shore and the maintenance/repair area that are not
generally restricted to 10 knots shall contact the MSR system, the
USCG, or the project site before leaving shore for reports of active
DMAs and/or recent right whale sightings and, consistent with
navigation safety, restrict speeds to 10 knots or less within 5 miles
(8 km) of any sighting location, when travelling in any of the seasonal
management areas (SMAs) as defined above.
(B) Maintenance/repair vessels greater than 300 GT shall not exceed
10 knots, unless an emergency situation that requires speeds greater
than 10 knots.
(C) Planned maintenance and repair activities shall be restricted
to the period between May 1 and November 30.
(D) Unplanned/emergency maintenance and repair activities shall be
conducted utilizing anchor-moored dive vessel whenever operationally
possible.
(E) Algonquin shall also provide the NMFS Office of the Protected
Resources, NMFS Northeast Region Ship Strike Coordinator, and
Stellwagen Bank National Marine Sanctuary (SBNMS) with a minimum of 30-
day notice prior to any planned repair and/or maintenance activity. For
any unplanned/emergency repair/maintenance activity, Northeast Gateway
shall notify the agencies as soon as it determines that repair work
must be conducted. Algonquin shall continue to keep the agencies
apprised of repair work plans as further details (e.g., the time,
location, and nature of the repair) become available. A final
notification shall be provided to agencies 72 hours prior to crews
being deployed into the field.
(F) If dynamic positioning (DP) systems are to be employed and/or
activities will emit noise with a source level of 139 dB re 1 [mu]Pa at
1 m, activities shall be conducted in accordance with the requirements
for DP systems listed in (5)(b)(ii).
(G) In the event that a whale is visually observed within 0.5 mile
(0.8 kilometers) of a repair or maintenance vessel, the vessel
superintendent or on-deck supervisor shall be notified immediately. The
vessel's crew shall be put on a heightened state of alert and the
marine mammal shall be monitored constantly to determine if it is
moving toward the repair or maintenance area.
(H) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with source level of 139 dB re 1
[mu]Pa @ 1 m or higher when a right whale is sighted within or
approaching at 500 yd (457 m) from the vessel. Repair and maintenance
work may resume after the marine mammal is positively reconfirmed
outside the established zones (500 yd [457 m]) or 30 minutes have
passed without a redetection. Any vessels transiting the maintenance
area, such as barges or tugs, must also maintain these separation
distances.
[[Page 69069]]
(I) Repair/maintenance vessel(s) must cease any movement and/or
cease all activities that emit noises with source level of 139 dB re 1
[mu]Pa @ 1 m or higher when a marine mammal other than a right whale is
sighted within or approaching at 100 yd (91 m) from the vessel. Repair
and maintenance work may resume after the marine mammal is positively
reconfirmed outside the established zones (100 yd [91 m]) or 30 minutes
have passed without a redetection. Any vessels transiting the
maintenance area, such as barges or tugs, must also maintain these
separation distances.
(J) Algonquin and associated contractors shall also comply with the
following:
(I) Operations involving excessively noisy equipment (source level
exceeding 139 dB re 1[mu]Pa @ 1 m) shall ``ramp-up'' sound sources,
allowing whales a chance to leave the area before sounds reach maximum
levels. In addition, Northeast Gateway, Algonquin, and other associated
contractors shall maintain equipment to manufacturers' specifications,
including any sound-muffling devices or engine covers in order to
minimize noise effects. Noisy construction equipment shall only be used
as needed and equipment shall be turned off when not in operation.
(II) Any material that has the potential to entangle marine mammals
(e.g., anchor lines, cables, rope or other construction debris) shall
only be deployed as needed and measures shall be taken to minimize the
chance of entanglement.
(III) For any material that has the potential to entangle marine
mammals, such material shall be removed from the water immediately
unless such action jeopardizes the safety of the vessel and crew as
determined by the Captain of the vessel.
(IV) In the event that a marine mammal becomes entangled, the
marine mammal coordinator and/or PSO will notify NMFS (if outside the
SBNMS), and SBNMS staff (if inside the SBNMS) immediately so that a
rescue effort may be initiated.
(K) All maintenance/repair activities shall be scheduled to occur
between May 1 and November 30; however, in the event of unplanned/
emergency repair work that cannot be scheduled during the preferred May
through November work window, the following additional measures shall
be followed for Pipeline Lateral maintenance and repair related
activities between December and April:
(I) Between December 1 and April 30, if on-board PSOs do not have
at least 0.5-mile visibility, they shall call for a shutdown. At the
time of shutdown, the use of thrusters must be minimized. If there are
potential safety problems due to the shutdown, the captain will decide
what operations can safely be shut down.
(II) Prior to leaving the dock to begin transit, the barge shall
contact one of the PSOs on watch to receive an update of sightings
within the visual observation area. If the PSO has observed a North
Atlantic right whale within 30 minutes of the transit start, the vessel
shall hold for 30 minutes and again get a clearance to leave from the
PSOs on board. PSOs shall assess whale activity and visual observation
ability at the time of the transit request to clear the barge for
release.
(III) Transit route, destination, sea conditions and any marine
mammal sightings/mitigation actions during watch shall be recorded in
the log book. Any whale sightings within 1,000 m of the vessel shall
result in a high alert and slow speed of 4 knots or less and a sighting
within 750 m shall result in idle speed and/or ceasing all movement.
(IV) The material barges and tugs used in repair and maintenance
shall transit from the operations dock to the work sites during
daylight hours when possible provided the safety of the vessels is not
compromised. Should transit at night be required, the maximum speed of
the tug shall be 5 knots.
(V) All repair vessels must maintain a speed of 10 knots or less
during daylight hours. All vessels shall operate at 5 knots or less at
all times within 5 km of the repair area.
(d) Acoustic Monitoring Related Activities
(i) Vessels associated with maintaining the acoustic seafloor array
of Marine Autonomous Recording Units (MARUs) and the AB network
operating as part of the mitigation/monitoring protocols shall adhere
to the following speed restrictions and marine mammal monitoring
requirements.
(A) Vessels maintaining the MARU array that are greater than 300
gross tons (GT) shall not exceed 10 knots.
(B) Vessels maintaining the MARU array that are less than 300 GT
shall not exceed 15 knots at any time, but shall adhere to speeds of 10
knots or less in the following areas and seasons:
(I) In the ORP-SMA between March 1 and April 30; and
(II) In the CCB-SMA between January 1 and May 15.
(C) In accordance with NOAA Regulation 50 CFR 224.103 (c), all
vessels associated with NEG Port activities shall not approach closer
than 500 yards (460 meters) to a North Atlantic right whale.
(D) All vessels shall obtain the latest DMA or right whale sighting
information via the NAVTEX, MSR, SAS, NOAA Weather Radio, or other
available means prior to operations to determine if there are right
whales present in the operational area.
(6) Monitoring
(a) Vessel-Based Visual Monitoring
(i) Vessel-based monitoring for marine mammals shall be done by
trained look-outs during NEG LNG Port and Pipeline Lateral operations
and maintenance and repair activities. The observers shall monitor the
occurrence of marine mammals near the vessels during LNG Port and
Pipeline Lateral related activities. Lookout duties include watching
for and identifying marine mammals; recording their numbers, distances,
and reactions to the activities; and documenting ``take by
harassment''.
(ii) The vessel look-outs assigned to visually monitor for the
presence of marine mammals and shall be provided with the following:
(A) Recent NAVTEX, NOAA Weather Radio, SAS and/or acoustic
monitoring buoy detection data;
(B) Binoculars to support observations;
(C) Marine mammal detection guide sheets; and
(D) Sighting log.
(b) NEG LNG Port Operations
(i) All individuals onboard the EBRVs responsible for the
navigation duties and any other personnel that could be assigned to
monitor for marine mammals shall receive training on marine mammal
sighting/reporting and vessel strike avoidance measures.
(ii) While an EBRV is navigating within the designated TSS, there
shall be three people with look-out duties on or near the bridge of the
ship including the Master, the Officer-of-the-Watch and the Helmsman-
on-watch. In addition to the standard watch procedures, while the EBRV
is transiting within the designated TSS, maneuvering within the Area to
be Avoided (ATBA), and/or while actively engaging in the use of
thrusters, an additional look-out shall be designated to exclusively
and continuously monitor for marine mammals.
(iii) All sightings of marine mammals by the designated look-out,
individuals posted to navigational look-out duties and/or any other
crew member while the EBRV is transiting within the TSS, maneuvering
within the ATBA and/or
[[Page 69070]]
when actively engaging in the use of thrusters, shall be immediately
reported to the Officer-of-the-Watch who shall then alert the Master.
The Master or Officer-of-the-Watch shall ensure the required reporting
procedures are followed and the designated marine mammal look-out
records all pertinent information relevant to the sighting.
(iv) Visual sightings made by look-outs from the EBRVs shall be
recorded using a standard sighting log form. Estimated locations shall
be reported for each individual and/or group of individuals categorized
by species when known. This data shall be entered into a database and a
summary of monthly sighting activity shall be provided to NMFS.
Estimates of take and copies of these log sheets shall also be included
in the reports to NMFS.
(c) Planned and Unplanned Maintenance and Repair
(i) Two (2) qualified and NMFS-approved protected species observers
(PSOs) shall be assigned to each vessel that will use dynamic
positioning (DP) systems during maintenance and repair related
activities. PSOs shall operate individually in designated shifts to
accommodate adequate rest schedules. Additional PSOs shall be assigned
to additional vessels if auto-detection buoy (AB) data indicates that
sound levels exceed 120 dB re 1 [micro]Pa, farther than 100 meters (328
feet) from these vessels.
(ii) All PSOs shall receive NMFS-approved marine mammal observer
training and be approved in advance by NMFS after review of their
resume. All PSOs shall have direct field experience on marine mammal
vessels and/or aerial surveys in the Atlantic Ocean/Gulf of Mexico.
(iii) PSOs (one primary and one secondary) shall be responsible for
visually locating marine mammals at the ocean's surface and, to the
extent possible, identifying the species. The primary PSO shall act as
the identification specialist and the secondary PSO will serve as data
recorder and also assist with identification. Both PSOs shall have
responsibility for monitoring for the presence of marine mammals and
sea turtles. Specifically PSO's shall:
(A) Monitor at all hours of the day, scanning the ocean surface by
eye for a minimum of 40 minutes every hour.
(B) Monitor the area where maintenance and repair work is conducted
beginning at daybreak using 25x power binoculars and/or hand-held
binoculars. Night vision devices must be provided as standard equipment
for monitoring during low-light hours and at night.
(C) Conduct general 360[deg] visual monitoring during any given
watch period and target scanning by the observer shall occur when
alerted of a whale presence.
(D) Alert the vessel superintendent or construction crew supervisor
of visual detections within 2 miles (3.31 kilometers) immediately.
(E) Record all sightings on marine mammal field sighting logs.
Specifically, all data shall be entered at the time of observation,
notes of activities will be kept, and a daily report prepared and
attached to the daily field sighting log form. The basic reporting
requirements include the following:
Beaufort sea state;
Wind speed;
Wind direction;
Temperature;
Precipitation;
Glare;
Percent cloud cover;
Number of animals;
Species;
Position;
Distance;
Behavior;
Direction of movement; and
Apparent reaction to construction activity.
(iv) In the event that a whale is visually observed within the 2-
mile (3.31-kilometers) zone of influence (ZOI) of a DP vessel or other
construction vessel that has shown to emit noise with source level in
excess of 139 dB re 1 [micro]Pa @ 1 m, the PSO will notify the repair/
maintenance construction crew to minimize the use of thrusters until
the animal has moved away, unless there are divers in the water or an
ROV is deployed.
(d) Acoustic Monitoring
(i) Northeast Gateway shall monitor the noise environment in
Massachusetts Bay in the vicinity of the NEG Port and Pipeline Lateral
using an array of 19 MARUs that were deployed initially in April 2007
to collect data during NEG LNG Port and Pipeline Lateral related
activities.
(ii) The acoustic data collected by the MARUs shall be analyzed to
document the seasonal occurrences and overall distributions of whales
(primarily fin, humpback and right whales) within approximately 10 nm
of the NEG Port and shall measure and document the noise ``budget'' of
Massachusetts Bay so as to eventually assist in determining whether or
not an overall increase in noise in the Bay associated with the Project
might be having a potentially negative impact on marine mammals.
(iii) In addition to the 19 MARUs, Northeast Gateway shall deploy
10 ABs within the Separation Zone of the TSS for the operational life
of the Project.
(iv) The ABs shall be used to detect a calling North Atlantic right
whale an average of 5 nm from each AB. The AB system shall be the
primary detection mechanism that alerts the EBRV Master to the
occurrence of right whales, heightens EBRV awareness, and triggers
necessary mitigation actions as described in section (5) above.
(e) Acoustic Whale Detection and Response Plan
(i) NEG Port Operations
(A) Ten (10) ABs that have been deployed since 2007 shall be used
to continuously screen the low-frequency acoustic environment (less
than 1,000 Hertz) for right whale contact calls occurring within an
approximately 5-nm radius from each buoy (the AB's detection range).
(B) Once a confirmed detection is made, the Master of any EBRVs
operating in the area will be alerted immediately.
(ii) NEG Port and Pipeline Lateral Planned and Unplanned/Emergency
Repair and Maintenance Activities
(A) If the repair/maintenance work is located outside of the
detectible range of the 10 project area ABs, Northeast Gateway and
Algonquin shall consult with NOAA (NMFS and SBNMS) to determine if the
work to be conducted warrants the temporary installation of an
additional AB(s) to help detect and provide early warnings for
potential occurrence of right whales in the vicinity of the repair
area.
(B) The number of ABs installed around the activity site shall be
commensurate with the type and spatial extent of maintenance/repair
work required, but must be sufficient to detect vocalizing right whales
within the 120-dB impact zone.
(C) Should acoustic monitoring be deemed necessary during a planned
or unplanned/emergency repair and/or maintenance event, active
monitoring for right whale calls shall begin 24 hours prior to the
start of activities.
(D) Source level data from the acoustic recording units deployed in
the NEG Port and/or Pipeline Lateral maintenance and repair area shall
be provided to NMFS.
(7) Reporting
(a) Throughout NEG Port and Pipeline Lateral operations, Northeast
Gateway and Algonquin shall provide a monthly Monitoring Report. The
Monitoring Report shall include:
(i) Both copies of the raw visual EBRV lookout sighting information
of marine mammals that occurred within 2 miles
[[Page 69071]]
of the EBRV while the vessel transits within the TSS, maneuvers within
the ATBA, and/or when actively engaging in the use of thrusters, and a
summary of the data collected by the look-outs over each reporting
period.
(ii) Copies of the raw PSO sightings information on marine mammals
gathered during pipeline repair or maintenance activities. This visual
sighting data shall then be correlated to periods of thruster activity
to provide estimates of marine mammal takes (per species/species class)
that took place during each reporting period.
(iii) Conclusion of any planned or unplanned/emergency repair and/
or maintenance period, a report shall be submitted to NMFS summarizing
the repair/maintenance activities, marine mammal sightings (both visual
and acoustic), empirical source-level measurements taken during the
repair work, and any mitigation measures taken.
(b) During the maintenance and repair of NEG Port components,
weekly status reports shall be provided to NOAA (both NMFS and SBNMS)
using standardized reporting forms. The weekly reports shall include
data collected for each distinct marine mammal species observed in the
repair/maintenance area during the period that maintenance and repair
activities were taking place. The weekly reports shall include the
following information:
(i) Location (in longitude and latitude coordinates), time, and the
nature of the maintenance and repair activities;
(ii) Indication of whether a DP system was operated, and if so, the
number of thrusters being used and the time and duration of DP
operation;
(iii) Marine mammals observed in the area (number, species, age
group, and initial behavior);
(iv) The distance of observed marine mammals from the maintenance
and repair activities;
(v) Changes, if any, in marine mammal behaviors during the
observation;
(vi) A description of any mitigation measures (power-down,
shutdown, etc.) implemented;
(vii) Weather condition (Beaufort sea state, wind speed, wind
direction, ambient temperature, precipitation, and percent cloud cover
etc.);
(viii) Condition of the observation (visibility and glare); and
(ix) Details of passive acoustic detections and any action taken in
response to those detections.
(d) Injured/Dead Protected Species Reporting
(i) In the unanticipated event that survey operations clearly cause
the take of a marine mammal in a manner prohibited by the proposed IHA,
such as an injury (Level A harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or entanglement), NEG and/or
Algonquin shall immediately cease activities and immediately report the
incident to the Supervisor of the Incidental Take Program, Permits and
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401 and/or by email to Jolie.Harrison@noaa.gov and Shane.Guan@noaa.gov
and the Northeast Regional Stranding Coordinators
(Mendy.Garron@noaa.gov or Lanni.Hall@noaa.gov) or by phone at 978-281-
9300. The report must include the following information:
(A) Time, date, and location (latitude/longitude) of the incident;
(B) the name and type of vessel involved;
(C) the vessel's speed during and leading up to the incident;
(D) description of the incident;
(E) status of all sound source use in the 24 hours preceding the
incident;
(F) water depth;
(G) environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(H) description of marine mammal observations in the 24 hours
preceding the incident;
(I) species identification or description of the animal(s)
involved;
(J) the fate of the animal(s); and
(K) photographs or video footage of the animal (if equipment is
available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with NEG and/or
Algonquin to determine what is necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. NEG and/or
Algonquin may not resume their activities until notified by NMFS via
letter, email, or telephone.
(ii) In the event that NEG and/or Algonquin discovers an injured or
dead marine mammal, and the lead PSO determines that the cause of the
injury or death is unknown and the death is relatively recent (i.e., in
less than a moderate state of decomposition as described in the next
paragraph), NEG and/or Algonquin will immediately report the incident
to the Supervisor of the Incidental Take Program, Permits and
Conservation Division, Office of Protected Resources, NMFS, at 301-427-
8401, and/or by email to Jolie.Harrison@noaa.gov and
Shane.Guan@noaa.gov and the NMFS Northeast Stranding Coordinators
(Mendy.Garron@noaa.gov or Lanni.Hall@noaa.gov) or by phone at 978-281-
9300, within 24 hours of the discovery. The report must include the
same information identified above. Activities may continue while NMFS
reviews the circumstances of the incident. NMFS will work with NEG and/
or Algonquin to determine whether modifications in the activities are
appropriate.
(iii) In the event that NEG or Algonquin discovers an injured or
dead marine mammal, and the lead PSO determines that the injury or
death is not associated with or related to the activities authorized
(if the IHA is issued) (e.g., previously wounded animal, carcass with
moderate to advanced decomposition, or scavenger damage), NEG and/or
Algonquin shall report the incident to the Supervisor of the Incidental
Take Program, Permits and Conservation Division, Office of Protected
Resources, NMFS, at 301-427-8401, and/or by email to
Jolie.Harrison@noaa.gov and Shane.Guan@noaa.gov and the NMFS Northeast
Stranding Coordinators (Mendy.Garron@noaa.gov or Lanni.Hall@noaa.gov)
or by phone at 978-281-9300, within 24 hours of the discovery. NEG and/
or Algonquin shall provide photographs or video footage (if available)
or other documentation of the stranded animal sighting to NMFS and the
Marine Mammal Stranding Network. NEG and/or Algonquin can continue its
operations under such a case.
Endangered Species Act (ESA)
On February 5, 2007, NMFS concluded consultation with MARAD and the
USCG, under section 7 of the ESA, on the proposed construction and
operation of the Northeast Gateway LNG facility and issued a biological
opinion. The finding of that consultation was that the construction and
operation of the Northeast Gateway LNG terminal may adversely affect,
but is not likely to jeopardize, the continued existence of northern
right, humpback, and fin whales, and is not likely to adversely affect
sperm, sei, or blue whales and Kemp's ridley, loggerhead, green or
leatherback sea turtles. An incidental take statement (ITS) was issued
following NMFS' issuance of the 2007 IHA.
On November 15, 2007, Northeast Gateway and Algonquin submitted a
letter to NMFS requesting an extension for the LNG Port construction
into December 2007. Upon reviewing
[[Page 69072]]
Northeast Gateway's weekly marine mammal monitoring reports submitted
under the previous IHA, NMFS Permits and Conservation Division (PR1)
recognized that the potential take of some marine mammals resulting
from the LNG Port and Pipeline Lateral by Level B behavioral harassment
likely had exceeded the original take estimates. Therefore, NMFS
Northeast Regional Office (NERO) reinitiated consultation with MARAD
and USCG on the construction and operation of the Northeast Gateway LNG
facility. On November 30, 2007, NMFS NERO issued a revised biological
opinion, reflecting the revised construction time period and including
a revised ITS. This revised biological opinion concluded that the
construction and operation of the Northeast Gateway LNG terminal may
adversely affect, but is not likely to jeopardize, the continued
existence of northern right, humpback, and fin whales, and is not
likely to adversely affect sperm, sei, or blue whales.
However, both biological opinions only analyzed ESA-listed species
for activities under the initial short construction period and during
operations, and did not take into consideration potential impacts to
marine mammals that could result from the subsequent LNG Port and
Pipeline Lateral maintenance and repair activities. In addition, NEG
also revealed that significantly more water usage and vessel operating
air emissions are needed from what was originally evaluated for the LNG
Port operation. NMFS PR1 has initiated consultation with NMFS NERO
under section 7 of the ESA on the issuance of an IHA to NEG under
section 101(a)(5)(D) of the MMPA for the proposed activities that
include increased NEG Port and Algonquin Pipeline Lateral maintenance
and repair and water usage for the LNG Port operations this activity.
Consultation will be concluded prior to a determination on the issuance
of an IHA.
National Environmental Policy Act
MARAD and the USCG released a Final EIS/Environmental Impact Report
(EIR) for the proposed Northeast Gateway Port and Pipeline Lateral. A
notice of availability was published by MARAD on October 26, 2006 (71
FR 62657). The Final EIS/EIR provides detailed information on the
proposed project facilities, construction methods and analysis of
potential impacts on marine mammals.
NMFS was a cooperating agency (as defined by the Council on
Environmental Quality (40 CFR 1501.6)) in the preparation of the Draft
and Final EISs. NMFS reviewed the Final EIS and adopted it on May 4,
2007. NMFS issued a separate Record of Decision for issuance of
authorizations pursuant to section 101(a)(5) of the MMPA for the
construction and operation of the Northeast Gateway's LNG Port Facility
in Massachusetts Bay.
Dated: November 12, 2013.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-27466 Filed 11-15-13; 8:45 am]
BILLING CODE 3510-22-P